The theme of this special issue of Theoria is the relationship between constitutions, constitutional review and democracy. The four essays that make up the issue advance new arguments, offer fresh perspectives and make innovative proposals in response to a cluster of questions: what institutional arrangement of constitutional review best realizes the ideals of democracy? How does rightsbased judicial review fare, relative to constitutional review carried out by other branches of government, from the perspectives of democratic legitimacy and epistemic competence? Are courts more likely to uphold individual rights than legislatures? If democracy requires the participation of citizens in ordinary political decision making, should citizens be permitted to participate in the periodic revision of formal constitutions?


A Journal of Social and Political Theory