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July 8 @ 17:40 - 19:10 UTCJuly 8 @ 13:40 - 15:10 New YorkJuly 8 @ 12:40 - 14:10 BogotáJuly 9 @ 01:40 - 03:10 SingaporeJuly 9 @ 03:40 - 05:10 SydneyJuly 8 @ 19:40 - 21:10 Rome

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Comparative Political Process Theory: Democracy and Trust

We start from Ely’s argument in Democracy and Distrust that courts should intervene in cases where we cannot trust the democratic process to set things rights. However, Ely’s arguments constituted a very specific attempt to defend the work of the Warren Court which do not make for a seamless fit with contemporary understandings of constitutionalism and the role of judicial review in many places. The question is therefore how useful political process theory and other procedurally oriented approaches to judicial review are today as tools to address cases of political malfunction, against the background not only of contemporary efforts at democratic erosion but also more routine problems of governance and deficits in the democratic process.

Chair(s): Michaela Hailbronner