The Department of Foundations of Law in the Faculty of Law cordially invites you to the next meeting of our Maastricht Foundations of Law Colloquia. On 15 May our speaker is Sebastian Reyes  Molina. 

Abstract:
Countermajoritarianism is the view that judicial review is antidemocratic because it allows an unelected and unaccountable minority (judges) to overrule laws that represent the will of the majority. I call this the pedigree problem. Against Countermajoritarianism, I argue that the core of the objection, i.e., the clash between organs with the democratic and undemocratic pedigree, does not affect some forms of judicial review. Specifically, the judicial review that declares a norm inapplicable in a specific case due to the unconstitutional effects that said application might bring about. To defuse the pedigree problem, I draw insights from the norm formulation/norm distinction common in legal interpretation literature.

The colloquium’s format is pre-read. Those attending are expected to have read the text in advance. The draft will be circulated in advance.

Convenors:
Lukasz Dziedzic
Sebastian Reyes Molina
Roland Pierik

The colloquia will take place physically and online. The Zoom link for the online sessions will be distributed later.