Demokrati och domstolar: Moraliska resonemang i domstolar och frågan om politikens judikalisering.

Tidsperiod: 2013-01-01 till 2015-12-31

Projektledare: Thérèse Björkholm

Finansiär: Vetenskapsrådet

Bidragstyp: Projektbidrag

Budget: 1 734 000 SEK

The aim of this project is to reframe the issue regarding the justifiability of extending or changing the role of courts in our country, away from the focus on their counter-majoritarian character and the problem this raises for representational rights in a democracy, towards a view that emphasises the idea of legitimate governance, and the relation between law and morality. The main thesis I wish to pursue in depth in this project is that the power that is being granted to courts in the form of judicial review represents an institutionalization of an important truth regarding legitimate authority. Even democratically elected legislatures do not have a right to rule, rather they are appointed on the basis of elections to perform a distinctive task, one defined through a number of duties, among which is that of ensuring that the legal directives and rules with which they govern the citizens can be justified on the basis of reasons. The project is divided into three theses: a normative thesis, that explains the idea of morality that underlies and informs the project, an institutional thesis, that explores the question of why judicial review can be regarded a justifiable part of legitimate governance precisely because of the importance of the quality of authoritative directives, and an empirical thesis, that analyses a number of cases from three legal orders where these issues are prominent, and thus can provide useful illustration to the theses discussed in this project.