JOURNAL ARTICLE

Rousseau's Republican Judges.

  • Published In: Oxford Journal of Legal Studies, 2023, v. 43, n. 4. P. 826 1 of 3

  • Database: Business Source Ultimate 2 of 3

  • Authored By: Winter, Stephen 3 of 3

Abstract

This article examines the role of judges in Jean-Jacques Rousseau's constitutional theory, focusing on how judicial institutions are constructed to uphold the rule of law while addressing the threat they pose to citizens' freedom. Rousseau distinguishes between ordinary judicial functions, executive review, and legislative adjudication, advocating for non-professional, popularly accountable judges serving short terms to prevent the emergence of a corporate judicial will that could undermine liberty. His constitutional solution combines conservative progressivism, institutional pluralism, and judicial non-professionalism to maintain a dynamic equilibrium among legislative, executive, and adjudicative bodies. The article also explores Rousseau's proposals for reforming executive and legislative review in Geneva and Poland, emphasizing the need for incremental constitutional development suited to each polity's context.

Additional Information

  • Source:Oxford Journal of Legal Studies. 2023/12, Vol. 43, Issue 4, p826
  • Document Type:Article
  • Subject Area:History
  • Publication Date:2023
  • ISSN:0143-6503
  • DOI:10.1093/ojls/gqad017
  • Accession Number:174108384
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