Deliberative Constitutionalism “Without Shortcuts”

The publication of Lafont’s book is an excellent opportunity to reflect on a constitutional trend that has spread in recent years and is now called deliberative constitutionalism. Deliberative constitutionalism brings together distinguished scholars to offer a common critique of the elitist features of contemporary constitutional theory. In this context, I examine the implications of Lafont’s theory of judicial review for deliberative constitutionalism. My argument is that Lafont fails to distance herself from the majority of scholars who advocate a deliberative vision in the realm of democracy, but maintain a strong vision in the realm of constitutionalism.