Abstract
This chapter considers the defense of adjudication as not merely an acceptable feature of democracy, but also as an indispensable component in a flourishing democratic society. It examines the central dynamic at work in efforts to justify judicial review in constitutional democracies. By reference both to situated theoretical arguments and historical evidence, the chapter proposes a “hard-core” case against judicial review and suggests how strong democracy might take up the resulting institutional slack. Throughout the chapter, it is emphasized how democracy is better understood as being not a ground or foundation for politics, but a dynamic process through which politics is experienced and evaluated; the institutional forms and social practices of democracy must themselves be open to debate and revision in line with the experience of society's participating members.
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