Neo-Elyian theory, therapeutic jurisprudence and the constitutional judgment
Bibliographic Data
| ID | 6426101 |
|---|---|
| Authors | Sarah Murray (0000-0002-8665-0009, The University of Western Australia, corresponding author) |
| Year | 2025 |
| Volume | 14 |
| Issue | 2 |
| Pages | 269-288 |
| Publication date | 2025-01-13 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Global Constitutionalism (JOURNAL) |
| Journal identifiers | ISSN: 2045-3817 • E-ISSN: 2045-3825 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s2045381724000236 |
| OpenAlex | W4406335344 |
| Language | EN |
| References cited | 29 |
This paper seeks to understand modern comparative reflections on John Hart Ely’s work through Comparative Political Process Theory or Comparative Representation-Reinforcing Theory, and how such approaches can be augmented through the lens of therapeutic jurisprudence. It argues that the legitimacy of courts’ actions (or inactions) in such settings can be understood through their potential to strengthen democratic institutions rather than do them harm, acting as a re-set or recalibration of the democratic landscape. By buttressing representation-reinforcing approaches with therapeutic understandings, curial interventions designed to shift longstanding democratic impasses or blind spots are likely to carry much greater institutional legitimacy. By applying this lens to a series of case studies, the paper highlights the normative contribution that therapeutic jurisprudence can provide to representation-reinforcing action and to the design of such approaches
Constitutional theory · Democracy · Harm · Jurisprudence · Law and economics · Legitimacy · Normative · Political science · Politics · Representation (politics · Sociology · Judicial and Constitutional Studies · Law · Law in Society and Culture · Legal principles and applications
A letter to the loser’? Public law and the empowering role of the judgment
Non-ideal theory of constitutional adjudication
One Case at a Time
Procedural Justice as Fairness
Strategic Judicial Empowerment
Towards Juristocracy
Strategic Legitimacy Cultivation at the Supreme Court of Canada
Reflections on the scope of therapeutic jurisprudence
| Citation velocity | historical |
|---|---|
| Highly cited | No |