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This chapter argues that courts should play a role in protecting and promoting democratic values in a hybrid regime and lays out how that can be done. The chapter opens with the argument that the counter-majoritarian objection is singificantly less relevant in a hybrid regime context, contending that its reduced relevance permits the constitutional court greater latitude in its support of democratic ideals in a hybrid regime. Five different democracy-enhancing roles of a constitutional court are then proposed, alongside tools that would help facilitate the realization of these roles. The five democratic roles include: (1) the referee role, (2) the interpretative role, (3) the participatory role, (4) the quasi-representative role, and (5) the educative role. The chapter then addresses how competency concerns impact the democratic roles proposed. It argues that the democratic roles are justifiable because there is a lack of better alternatives in a hybrid regime. Courts are a second-best solution: they may not normally be the best institution to tackle certain political failures, but the inadequacies of the political process in a hybrid regime offer reasons for a constitutional court to act.
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