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Author: Christopher F. Zurn
Publisher: Cambridge University Press
ISBN: 1139464388
Category : Philosophy
Languages : en
Pages : 14
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Book Description
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.
Author: Christopher F. Zurn
Publisher: Cambridge University Press
ISBN: 1139464388
Category : Philosophy
Languages : en
Pages : 14
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Book Description
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.
Author: Cristina Lafont
Publisher:
ISBN: 0198848188
Category : Philosophy
Languages : en
Pages : 279
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Book Description
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.
Author: Ethan J. Leib
Publisher: Penn State Press
ISBN: 9780271045290
Category : Political Science
Languages : en
Pages : 188
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Book Description
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.
Author: Christian F. Rostboll
Publisher: State University of New York Press
ISBN: 079147822X
Category : Philosophy
Languages : en
Pages : 324
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Book Description
In Deliberative Freedom, Christian F. Rostbøll accepts the common belief that democracy and freedom are intimately related, but he sees this relationship in a new and challenging way. Rostbøll argues that deliberative democracy is normatively committed to multiple dimensions of freedom, and that this, in turn, makes it a distinct model of democracy. He presents a new version of deliberative democracy that rejects the prevailing synthesis of Habermasian critical theory and Rawlsian political liberalism, and contends that this synthesis obscures and neglects important concerns in terms of freedom and emancipation. In addition, Rostbøll explores how the many dimensions of freedom supply a new and fruitful way to address issues such as paternalism, elitism, rationalism, and neutrality.
Author: Larry Kramer
Publisher: Oxford University Press, USA
ISBN: 9780195306453
Category : History
Languages : en
Pages : 380
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Book Description
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Author: André Bächtiger
Publisher: Oxford University Press
ISBN: 0191064572
Category : Political Science
Languages : en
Pages : 1054
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Book Description
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.
Author: Cass R. Sunstein
Publisher: Harvard University Press
ISBN: 9780674654792
Category : Law
Languages : en
Pages : 432
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Book Description
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
Author: Thomas Bustamante
Publisher: Springer
ISBN: 3319283715
Category : Law
Languages : en
Pages : 330
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Book Description
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.
Author: David Kahane
Publisher: UBC Press
ISBN: 0774859083
Category : Political Science
Languages : en
Pages : 267
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Book Description
Deliberative democracy is a dominant paradigm in normative political philosophy. Deliberative democrats want politics to be more than a clash of contending interests, and they believe political decisions should emerge from reasoned dialogue among citizens. But can these ideals be realized in complex and unjust societies? This book brings together leading scholars who explore debates in deliberative democratic theory in four areas of practice: education, constitutions and state boundaries, indigenous-settler relations, and citizen participation and public consultation. This dynamic volume casts new light on the strengths and limitations of deliberative democratic theory, offering guidance to policy makers and to students and scholars interested in democratic justice.
Author: Ron Levy
Publisher: Routledge
ISBN: 1134502060
Category : Law
Languages : en
Pages : 271
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Book Description
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.
