caa a22 4500 388053968 CHVBK 20180307125101.0 cr unu---uuuuu 161130s1998 xx s 000 0 eng 10.1017/S0021223700015582 doi S0021223700015582 pii (NATIONALLICENCE)cambridge-10.1017/S0021223700015582 Shapiro Martin The European Court of Justice: Of Institutions and Democracy [Elektronische Daten] [Martin Shapiro] The problem of democracy and judicial review is a problem engendered by successful constitutional courts. For where courts are not successful in establishing veto powers over legislation, no problem or only a very limited problem occurs. Of course any court interpreting statutes in the process of applying them does some law making. How much this law making interferes with democracy depends on how easy it is for the legislature to legislate. Where legislatures can amend statutes easily, they can easily correct "errors” of judicial statutory interpretation. Judicial review of the lawfulness of administrative action essentially involves the same power of statutory interpretation with the same potential for legislative correction. Most of the nations of the world that do not have successful constitutional courts are not democracies. Indeed, no state without considerable claims to democracy has successful judicial review. These facts are clues to the obvious. Constitutional government is limited government. In the real world we do not encounter nondemocratic limited governments although we encounter many shades of more or less democratic, more or less constitutional governments. So there is some affinity between democracy and constitutionalism. Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1998 Israel Law Review Cambridge University Press 32/1(1998), 3-50 0021-2237 32:1<3 1998 32 ISR https://doi.org/10.1017/S0021223700015582 text/html Onlinezugriff via DOI 1 research-article jats NATIONALLICENCE 856 40 https://doi.org/10.1017/S0021223700015582 text/html Onlinezugriff via DOI NATIONALLICENCE 100 1- Shapiro Martin NATIONALLICENCE 773 0- Israel Law Review Cambridge University Press 32/1(1998), 3-50 0021-2237 32:1<3 1998 32 ISR CC0 http://creativecommons.org/publicdomain/zero/1.0 nationallicence BK010053 XK010053 XK010000 NATIONALLICENCE NATIONALLICENCE NL-cambridge