Expanding Ely's too limited view of what constitutes malfunction and adapting it to address constitutional practices and developments around the world, Gardbaum argues that a comparative political process theory (CPPT) can potentially make a valuable contribution to the discipline. It first isolates and focuses on the key and distinct function in all democratic constitutions of constituting not only the institutions and branches of government, but also the structures and processes of the system of representative democracy. CPPT also provides a vocabulary and conceptual framework for identifying the multiple ways that systems of representative democracy can be undermined and degraded. Thirdly, CPPT develops a normative theory of judicial review that is specifically geared towards this key function of constituting and maintaining a system of representative democracy, and the range of ways that courts can help to protect its structures and processes against the array of challenges.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!