The paper analyzes how the concept of political representation can be applied to the Judiciary, focusing on the problems of democratic legitimacy that arise when the courts decide about issues that affect political minorities. Confronting several concepts of representation, the author discusses four questions: 1) Can the Judiciary be understood as a representative arena for the people? 2) What are the risks and implications of recognizing, conceptually, that the Judiciary has a representative role? 3) What are the burdens and institutional boundaries that the recognition of this attribute must impose on judges? 4) How underrepresentation of political minorities in courts impact its democratic legitimacy?
We look forward to welcoming you on July 4-6, 2022 for our Annual Conference on Global Problems and Prospects in Public Law.
Check out the program on our Annual Conference Website