Democratic representation and courts: the problem of political minorities

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?