Abstract

RIVERA LEON, Mauro Arturo. Constitutional Jurisdiction: Echoes from the Countermajoritarian Difficulty. Cuest. Const. [online]. 2010, n.22, pp.223-260. ISSN 1405-9193.

This article pretends to make certain considerations to clarify the concepts of legitimacy and its relation to constitutional jurisdiction. For this, I will mainly analyze the countermajoritarian difficulty, which is the objection made to constitutional jurisdiction -and initially to Judicial Review by Bickel- of its lacking legitimacy for invalidating decisions from a collegiate body and theoretically representative of popular interest. I will pretend to demonstrate that this objection is not as strong as it has been argued and analyzing different argumentations I will provide a defense of constitutional jurisdiction as a positive element of a constitutional rule of law. In the final section some considerations and conclusions of the countermajoritarian difficulty will be drawn based on the different concepts of countermajority.

Keywords : Countermajoritarian; Legitimacy; Constitutional Jurisdiction; Judicial Review; Marbury vs. Madison; Countermajoritarian Difficulty; Bickel.

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