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Author: Avichai Levit
Publisher: Routledge
Published: 2022-05
Total Pages: 0
ISBN-13: 9780367607982
DOWNLOAD EBOOKIn this book Avichai Levit uses the United States as a case study to argue that the degree of democratic legitimacy of laws that restrict freedom of speech during war, depends on the extent of legislature deliberation on such laws.
Author: Ethan J. Leib
Publisher: Penn State Press
Published: 2010-11-01
Total Pages: 188
ISBN-13: 9780271045290
DOWNLOAD EBOOKWe are taught in civics class that the Constitution provides for three basic branches of government: executive, judicial, and legislative. While the President and Congress as elected by popular vote are representative, can they really reflect accurately the will and sentiment of the populace? Or do money and power dominate everyday politics to the detriment of true self-governance? Is there a way to put &"We the people&" back into government? Ethan Leib thinks there is and offers this blueprint for a fourth branch of government as a way of giving the people a voice of their own. While drawing on the rich theoretical literature about deliberative democracy, Leib concentrates on designing an institutional scheme for embedding deliberation in the practice of American democratic government. At the heart of his scheme is a process for the adjudication of issues of public policy by assemblies of randomly selected citizens convened to debate and vote on the issues, resulting in the enactment of laws subject both to judicial review and to possible veto by the executive and legislative branches. The &"popular&" branch would fulfill a purpose similar to the ballot initiative and referendum but avoid the shortcomings associated with those forms of direct democracy. Leib takes special pains to show how this new branch would be integrated with the already existing governmental and political institutions of our society, including administrative agencies and political parties, and would thus complement rather than supplant them.
Author: Ron Levy
Publisher: Routledge
Published: 2016-11-03
Total Pages: 271
ISBN-13: 1134502060
DOWNLOAD EBOOKLaws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.
Author: Joseph M. Bessette
Publisher: University of Chicago Press
Published: 1994
Total Pages: 316
ISBN-13: 9780226044248
DOWNLOAD EBOOKIn recent years, many Americans and more than a few political scientists have come to believe that democratic deliberation in Congress—whereby judgments are made on the merits of policies reflecting the interests and desires of American citizens—is more myth than reality. Rather, pressure from special interest groups, legislative bargaining, and the desire of incumbents to be reelected are thought to originate in American legislative politics. While not denying such influences, Joseph M. Bessette argues that the institutional framework created by the founding fathers continues to foster a government that is both democratic and deliberative, at least to some important degree. Drawing on original research, case studies of policymaking in Congress, and portraits of American lawmakers, Bessette demonstrates not only the limitations of nondeliberative explanations for how laws are made but also the continued vitality of genuine reasoning on the merits of public policy. Bessette discusses the contributions of the executive branch to policy deliberation, and looks at the controversial issue of the proper relationship of public opinion to policymaking. Informed by Bessette's nine years of public service in city and federal government, The Mild Voice of Reason offers important insights into the real workings of American democracy, articulates a set of standards by which to assess the workings of our governing institutions, and clarifies the forces that promote or inhibit the collective reasoning about common goals so necessary to the success of American democracy. "No doubt the best-publicized recent book-length work on Congress is columnist George Will's diatribe in praise of term limits in which the core of his complaint is that Congress does not deliberate in its decision-making. Readers who are inclined to share that fantasy would do well to consult the work of Joseph M. Bessette. He turns up massive amounts of material attesting to the centrality of deliberation in congressional life."—Nelson W. Polsby, Presidential Studies Quarterly
Author: Cristina Lafont
Publisher:
Published: 2020
Total Pages: 279
ISBN-13: 0198848188
DOWNLOAD EBOOKThis book defends the value of democratic participation. It aims to improve citizens' democratic control and vindicate the value of citizens' participation against conceptions that threaten to undermine it.
Author: André Bächtiger
Publisher: Oxford University Press
Published: 2018-08-23
Total Pages: 1054
ISBN-13: 0191064572
DOWNLOAD EBOOKDeliberative democracy has been one of the main games in contemporary political theory for two decades, growing enormously in size and importance in political science and many other disciplines. The Oxford Handbook of Deliberative Democracy takes stock of deliberative democracy as a research field, in philosophy, in various research programmes in the social sciences and law, and in political practice around the globe. It provides a concise history of deliberative ideals in political thought and discusses their philosophical origins. The Handbook locates deliberation in political systems with different spaces, publics, and venues, including parliaments, courts, governance networks, protests, mini-publics, old and new media, and everyday talk. It engages with practical applications, mapping deliberation as a reform movement and as a device for conflict resolution, documenting the practice and study of deliberative democracy around the world and in global governance.
Author: John Parkinson
Publisher: Cambridge University Press
Published: 2012-07-05
Total Pages: 205
ISBN-13: 1107025397
DOWNLOAD EBOOKA major new statement of deliberative theory that shows how states, even transnational systems, can be deliberatively democratic.
Author: Ron Levy
Publisher: Cambridge University Press
Published: 2018-04-19
Total Pages: 398
ISBN-13: 1108307795
DOWNLOAD EBOOKDeliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.
Author: Donald R. Wolfensberger
Publisher: Woodrow Wilson Center Press
Published: 2001-04-27
Total Pages: 324
ISBN-13: 9780801867262
DOWNLOAD EBOOKWill some form of direct democracy supplant representative, deliberative government in the twenty-first century United States? That question is at the heart of Donald R. Wolfensberger's history of Congress and congressional reform, which runs back to the Constitution's creation of a popularly elected House of Representatives and forward to the surreal ending of the 105th Congress, featuring barrels of pork, resignation of the speaker, and impeachment of the president. The author's expertise comes from twenty-eight years as a staff member in the House, culminating in service as chief of staff of the powerful House Rules Committee. He was a top parliamentary expert and a principal Republican procedural strategist. Sensitive to the power of process, Wolfensberger is an authoritative guide to reform efforts of earlier eras. And as a participant in reforms since the 1960s, he offers a unique perspective on forging the "1970s sunshine coalition," televising House proceedings, debating term limits, and coping with democracy in an electronic age.
Author: Christopher F. Zurn
Publisher: Cambridge University Press
Published: 2007-03-26
Total Pages: 14
ISBN-13: 1139464388
DOWNLOAD EBOOKIn this book, Christopher F. Zurn shows why a normative theory of deliberative democratic constitutionalism yields the best understanding of the legitimacy of constitutional review. He further argues that this function should be institutionalized in a complex, multi-location structure including not only independent constitutional courts but also legislative and executive self-review that would enable interbranch constitutional dialogue and constitutional amendment through deliberative civic constitutional forums. Drawing on sustained critical analyses of diverse pluralist and deliberative democratic arguments concerning the legitimacy of judicial review, Zurn concludes that constitutional review is necessary to ensure the procedural requirements for legitimate democratic self-rule through deliberative cooperation. Claiming that pure normative theory is not sufficient to settle issues of institutional design, Zurn draws on empirical and comparative research to propose reformed institutions of constitutional review that encourage the development of fundamental law as an ongoing project of democratic deliberation and decision.
