The Law of Deliberative Democracy
The Law of Deliberative Democracy

Author: Ron Levy

Publisher: Routledge

Published: 2016-11-03

Total Pages: 271

ISBN-13: 1134502060

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Laws 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.

Deliberative Democracy in America
Deliberative Democracy in America

Author: Ethan J. Leib

Publisher: Penn State Press

Published: 2010-11-01

Total Pages: 188

ISBN-13: 9780271045290

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We 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.

Deliberative Democracy
Deliberative Democracy

Author: Jon Elster

Publisher: Cambridge University Press

Published: 1998-03-28

Total Pages: 300

ISBN-13: 9780521596961

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This volume assesses the strengths and weaknesses of deliberative democracy.

Deliberative Democracy
Deliberative Democracy

Author: James Bohman

Publisher: MIT Press

Published: 1997

Total Pages: 484

ISBN-13: 9780262522410

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The contributions in this anthology address tensions that arise between reason and politics in a democracy inspired by the ideal of achieving reasoned agreement among free and equal citizens.

The Cambridge Handbook of Deliberative Constitutionalism
The Cambridge Handbook of Deliberative Constitutionalism

Author: Ron Levy

Publisher: Cambridge University Press

Published: 2018-04-19

Total Pages: 398

ISBN-13: 1108307795

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Deliberative 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.

The Oxford Handbook of Deliberative Democracy
The Oxford Handbook of Deliberative Democracy

Author: André Bächtiger

Publisher: Oxford University Press

Published: 2018-08-23

Total Pages: 1054

ISBN-13: 0191064572

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Deliberative 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.

Deliberative Democracy
Deliberative Democracy

Author: Ian O'Flynn

Publisher: John Wiley & Sons

Published: 2021-09-27

Total Pages: 112

ISBN-13: 1509523499

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Today, deliberative democracy is the most widely discussed theory of democracy. Its proponents argue that important decisions of law and policy should ideally turn not on the force of numbers but on the force of the better argument. However, it continues to strike some as little more than wishful thinking. In this new book, Ian O’Flynn examines how the concept has developed over recent decades, the family disagreements which have emerged, and the criticisms that have been levelled at it. Grappling with the familiar charge that ordinary people lack the motivation and capacity for meaningful deliberation, O’Flynn considers the example of deliberative polls and citizens’ assemblies and critically assesses how such forums can fit within a broader democratic system. He then considers the implications of deliberative democracy for multicultural and multi-ethnic societies before turning to the prospects for the most ambitious deliberative project of all: global deliberative democracy. This book will be essential reading for students and scholars of democratic theory, as well as anyone who is curious about the prospects for more rational decision-making in an age of populist passion.

Deliberative Democracy and Its Discontents
Deliberative Democracy and Its Discontents

Author: Samantha Besson

Publisher: Ashgate Publishing, Ltd.

Published: 2006

Total Pages: 312

ISBN-13: 9780754626275

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Drawing on political, legal, national, post-national, as well as American and European perspectives, this collection of essays offers a diverse and balanced discussion of the current arguments concerning deliberative democracy. The essays consider the thr

Why Deliberative Democracy?
Why Deliberative Democracy?

Author: Amy Gutmann

Publisher: Princeton University Press

Published: 2009-01-10

Total Pages: 230

ISBN-13: 1400826330

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The most widely debated conception of democracy in recent years is deliberative democracy--the idea that citizens or their representatives owe each other mutually acceptable reasons for the laws they enact. Two prominent voices in the ongoing discussion are Amy Gutmann and Dennis Thompson. In Why Deliberative Democracy?, they move the debate forward beyond their influential book, Democracy and Disagreement. What exactly is deliberative democracy? Why is it more defensible than its rivals? By offering clear answers to these timely questions, Gutmann and Thompson illuminate the theory and practice of justifying public policies in contemporary democracies. They not only develop their theory of deliberative democracy in new directions but also apply it to new practical problems. They discuss bioethics, health care, truth commissions, educational policy, and decisions to declare war. In "What Deliberative Democracy Means," which opens this collection of essays, they provide the most accessible exposition of deliberative democracy to date. They show how deliberative democracy should play an important role even in the debates about military intervention abroad. Why Deliberative Democracy? contributes to our understanding of how democratic citizens and their representatives can make justifiable decisions for their society in the face of the fundamental disagreements that are inevitable in diverse societies. Gutmann and Thompson provide a balanced and fair-minded approach that will benefit anyone intent on giving reason and reciprocity a more prominent place in politics than power and special interests.

The Law of Politics
The Law of Politics

Author: Graeme Orr

Publisher: Routledge

Published: 2010

Total Pages: 292

ISBN-13: 9781862878037

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This book is the first dedicated monograph on the law on democratic politics in Australia. It synthesises the law on elections, with a central focus on political parties, parliamentary elections and referenda at Federal and State levels.It unearths the rules that apply to elections and referenda, campaigning and political broadcasting, and political parties and money. It explains them in their political context and, while it draws on some local government case law, its focus is parliamentary politics. The longest chapter of the book is devoted to the role of courts in overseeing elections, particularly the jurisdiction of petitioning or challenging election outcomes.Orr uses all five sources of electoral law, its development, expression and interpretation, in Australia: constitutions; courts and tribunals; legislation; parliamentary committees; and electoral commissions. He documents the extraordinary detail of the legislation (there has to be a pencil in each electoral booth!) and the array of obscure cases the law has given rise to. Supported under a grant from The Law Foundation of South Australia.