Introduction
Constitutional government, originated as a defence of the individual's right to life and property, and to freedom of religion and speech. In order to secure these rights, …show more content…
We could divert our energies to the think about the relationship between citizens and constitutions, to the means of realizing democracy at the level of the fundamental laws, instead of focusing our attention on who should have the final word about the meaning of a constitutional provision. This, of course, does raise the stakes, constitutional theorists are no longer supposed to decide which of two more or less predictive institutions should enjoy more power (the judiciary or the legislature), but obliged to test their confidence and prejudices about ordinary citizens. In other words, the choice becomes that of trusting the political creativity of the citizens and proposing mechanisms to increase popular participation in constitutional