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 and the Institutions of Judicial Review
Deliberative Democracy and the Institutions of Judicial Review

Author: Christopher F. Zurn

Publisher: Cambridge University Press

Published: 2007-03-26

Total Pages: 14

ISBN-13: 1139464388

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In 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.

Democracy Without Shortcuts
Democracy Without Shortcuts

Author: Cristina Lafont

Publisher:

Published: 2020

Total Pages: 279

ISBN-13: 0198848188

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This 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.

Democratizing Constitutional Law
Democratizing Constitutional Law

Author: Thomas Bustamante

Publisher: Springer

Published: 2016-04-19

Total Pages: 330

ISBN-13: 3319283715

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This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.

Judicial Power
Judicial Power

Author: Christine Landfried

Publisher: Cambridge University Press

Published: 2019-02-07

Total Pages: 411

ISBN-13: 1316999084

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The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.

Constitutional Courts and Deliberative Democracy
Constitutional Courts and Deliberative Democracy

Author: Conrado Mendes

Publisher: Oxford University Press, USA

Published: 2013-12

Total Pages: 274

ISBN-13: 0199670455

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It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handing them substantial powers of judicial review. This book provides a thorough analysis of those claims, introducing the theory of deliberative capacity and its implications for institutional design.

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.

The Role of Constitutional Courts in Multilevel Governance
The Role of Constitutional Courts in Multilevel Governance

Author: Patricia Popelier

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9781780681061

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Constitutional review has not only expanded geographically, it has also expanded in its mission and function, acquiring new subject areas and new roles and responsibilities. In examining these new roles and responsibilities, this collection of essays reflects on constitutional review as an aspect of constitutionalism framed in the context of multilevel governance. Bringing together a number of remarkable, yet varied, contributions, the book explores how institutional changes of multilevel governance have transformed the notion, shape, and substance of constitutional review. To this end, four key roles, both new and old, are identified: 1) courts act as guardians of fundamental rights, 2) they oversee the institutional balance, 3) they provide a deliberative forum, and 4) they assume the function of a regulatory watchdog. The book explores these different roles played by national and European courts, and it examines the challenges brought about by the involvement in multilevel networks and the shift to new concepts of governance. (Series: Law and Cosmopolitan Values - Vol. 3)

The Partial Constitution
The Partial Constitution

Author: Cass R. Sunstein

Publisher: Harvard University Press

Published: 1993

Total Pages: 432

ISBN-13: 9780674654792

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Sunstein (jurisprudence, political science, U. of Chicago) asserts that, as it is currently interpreted, the Constitution is biased. He points to two contemporary mistakes: that Constitutional law posits the status quo as neutral and just (which, he argues, is not the case); and that the meaning of the Constitution is increasingly solely within the purview of the Supreme Court (which, he argues, is not what the founders intended.) Annotation copyright by Book News, Inc., Portland, OR

Constitutional Courts as Mediators
Constitutional Courts as Mediators

Author: Julio Ríos-Figueroa

Publisher: Cambridge University Press

Published: 2016-04-15

Total Pages: 255

ISBN-13: 1107079780

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The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.