ABSTRACT
This chapter considers what the democratic ideal actually involves; and discusses the role of judicial review and the nature of constitutional interpretation in light of that understanding. It also considers whether democratic proceduralism succeeds in showing the Constitution to be a reasonable attempt to achieve worthy objectives. The chapter distinguishes two versions of proceduralism, standard and strong, arguing that although the stronger version comes closer to providing an adequate account of judicial review and constitutional interpretation, neither version succeeds. Democratic proceduralism proposes to understand suspect classification/strict scrutiny analysis of equal protection as an extension of its commitment to perfecting the political process. Judicial review becomes important because those enjoying the powers and other perquisites of office may resist opening up the process or may even work to close the process, since new voters and ideas may threaten their power and position.
