This timely book examines recent history and ongoing controversies as it makes the case for restoring power to where it belongs - with the people's elected representatives in Parliament.

This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.

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A contradictory creation indeed, the European Union has most of the institutions of a modern democracy, yet it does not function as one. Moreover, its growing scope of activity and supranational decision making processes are undermining the legitimacy of democracy in its member states. Much has been written about this double "democratic deficit," but surprisingly little thought has been given to what to do about it--short of drafting and ratifying a new federal constitution. In this provocative book, Philippe C. Schmitter explores both the possibility and the desirability of democratizing the EU. He argues that as a "non-state" and a "non nation" it will have to invent new forms of citizenship, representation, and decisionmaking if it is ever to democratize itself. The author also contends that the timing and political context work against a full-scale constitutionalization of the process. He proposes a number of modest (and some less modest) reforms that could improve the situation in the near future and eventually lead to a genuine Euro-democracy.