Deliberative Democracy And The Institutions Of Judicial Review

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Deliberative Democracy and the Institutions of Judicial Review

Christopher F. Zurn
Deliberative Democracy and the Institutions of Judicial Review Book PDF

Author : Christopher F. Zurn
Publisher : Cambridge University Press
Page : 14 pages
File Size : 53,8 Mb
Release : 2007-03-26
Category : Philosophy
ISBN : 9781139464383

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Deliberative Democracy and the Institutions of Judicial Review by Christopher F. Zurn Pdf

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.

Judicial Review and Contemporary Democratic Theory

Scott E. Lemieux,David J. Watkins
Judicial Review and Contemporary Democratic Theory Book PDF

Author : Scott E. Lemieux,David J. Watkins
Publisher : Routledge
Page : 296 pages
File Size : 49,6 Mb
Release : 2017-11-03
Category : Political Science
ISBN : 9781351602129

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Judicial Review and Contemporary Democratic Theory by Scott E. Lemieux,David J. Watkins Pdf

For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.

Constitutional Courts and Deliberative Democracy

Conrado Mendes
Constitutional Courts and Deliberative Democracy Book PDF

Author : Conrado Mendes
Publisher : Oxford University Press
Page : 274 pages
File Size : 54,9 Mb
Release : 2013-12
Category : Law
ISBN : 9780199670451

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Constitutional Courts and Deliberative Democracy by Conrado Mendes Pdf

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.

Democratizing Constitutional Law

Thomas Bustamante,Bernardo Gonçalves Fernandes
Democratizing Constitutional Law Book PDF

Author : Thomas Bustamante,Bernardo Gonçalves Fernandes
Publisher : Springer
Page : 328 pages
File Size : 45,8 Mb
Release : 2016-04-19
Category : Law
ISBN : 9783319283715

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Democratizing Constitutional Law by Thomas Bustamante,Bernardo Gonçalves Fernandes Pdf

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.

The Law of Deliberative Democracy

Ron Levy,Graeme Orr
The Law of Deliberative Democracy Book PDF

Author : Ron Levy,Graeme Orr
Publisher : Routledge
Page : 271 pages
File Size : 55,8 Mb
Release : 2016-11-03
Category : Law
ISBN : 9781134502066

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The Law of Deliberative Democracy by Ron Levy,Graeme Orr Pdf

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

Ethan J. Leib
Deliberative Democracy in America Book PDF

Author : Ethan J. Leib
Publisher : Penn State Press
Page : 188 pages
File Size : 40,8 Mb
Release : 2010-11-01
Category : Political Science
ISBN : 0271045299

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Deliberative Democracy in America by Ethan J. Leib Pdf

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.

The Constitution of Deliberative Democracy

Carlos Santiago Nino
The Constitution of Deliberative Democracy Book PDF

Author : Carlos Santiago Nino
Publisher : Yale University Press
Page : 268 pages
File Size : 50,8 Mb
Release : 1996-01-01
Category : Political Science
ISBN : 0300077270

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The Constitution of Deliberative Democracy by Carlos Santiago Nino Pdf

In this important and wide-ranging book, a leading political theorist and activist considers the question: What justifies democracy? Carlos Santiago Nino critically examines answers others have given and then develops his own distinctive theory of democracy, emphasizing its deliberative character. In Nino's view, democracy resembles a moral conversation and is valued because of its capacity to generate an impartial perspective, one that takes into account the interests of all citizens. Nino's conception of deliberative democracy bears on the way power is organized under a constitution. Drawing on a variety of constitutional traditions, he criticizes the presidential system and calls for citizens to participate more directly in the political life of their country. He also envisions a revitalized role for political parties. Nino shows how deliberative democracy can be combined with, and supported by, other constitutional practices, such as the specific wording of the text and the protection of individual rights. The complex constitution that emerges from his analysis consists of a historical constitution, an ideal constitution of rights, and an ideal constitution of power. Nino's goal is to explain how these three dimensions of constitutionalism can reinforce rather than conflict with each other. In a final chapter, he argues that the deliberative conception of democracy requires a more limited role for judicial review than is usually contemplated.

Deliberative Democracy and Its Discontents

Samantha Besson,José Luis Martí
Deliberative Democracy and Its Discontents Book PDF

Author : Samantha Besson,José Luis Martí
Publisher : Ashgate Publishing, Ltd.
Page : 312 pages
File Size : 44,6 Mb
Release : 2006
Category : Law
ISBN : 075462627X

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Deliberative Democracy and Its Discontents by Samantha Besson,José Luis Martí Pdf

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

Democracy Without Shortcuts

Cristina Lafont
Democracy Without Shortcuts Book PDF

Author : Cristina Lafont
Publisher : Oxford University Press, USA
Page : 279 pages
File Size : 41,5 Mb
Release : 2020-01-12
Category : Philosophy
ISBN : 9780198848189

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Democracy Without Shortcuts by Cristina Lafont Pdf

This book articulates a participatory conception of deliberative democracy that takes the democratic ideal of self-government seriously. It aims to improve citizens' democratic control and vindicate the value of citizens' participation against conceptions that threaten to undermine it. The book critically analyzes deep pluralist, epistocratic, and lottocratic conceptions of democracy. Their defenders propose various institutional ''shortcuts'' to help solve problems of democratic governance such as overcoming disagreements, citizens' political ignorance, or poor-quality deliberation. However, all these shortcut proposals require citizens to blindly defer to actors over whose decisions they cannot exercise control. Implementing such proposals would therefore undermine democracy. Moreover, it seems naive to assume that a community can reach better outcomes 'faster' if it bypasses the beliefs and attitudes of its citizens. Unfortunately, there are no 'shortcuts' to make a community better than its members. The only road to better outcomes is the long, participatory road that is taken when citizens forge a collective will by changing one another's hearts and minds. However difficult the process of justifying political decisions to one another may be, skipping it cannot get us any closer to the democratic ideal. Starting from this conviction, the book defends a conception of democracy ''without shortcuts''. This conception sheds new light on long-standing debates about the proper scope of public reason, the role of religion in politics, and the democratic legitimacy of judicial review. It also proposes new ways to unleash the democratic potential of institutional innovations such as deliberative minipublics.

Deliberative Democracy in Practice

David Kahane,Daniel Weinstock,Dominique Leydet,Melissa Williams
Deliberative Democracy in Practice Book PDF

Author : David Kahane,Daniel Weinstock,Dominique Leydet,Melissa Williams
Publisher : UBC Press
Page : 267 pages
File Size : 49,5 Mb
Release : 2010-07-01
Category : Political Science
ISBN : 9780774859080

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Deliberative Democracy in Practice by David Kahane,Daniel Weinstock,Dominique Leydet,Melissa Williams Pdf

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.

Deliberative Freedom

Christian F. Rostboll
Deliberative Freedom Book PDF

Author : Christian F. Rostboll
Publisher : State University of New York Press
Page : 324 pages
File Size : 43,5 Mb
Release : 2008-06-13
Category : Philosophy
ISBN : 9780791478226

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Deliberative Freedom by Christian F. Rostboll Pdf

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.

The People Themselves

Larry Kramer
The People Themselves Book PDF

Author : Larry Kramer
Publisher : Oxford University Press, USA
Page : 380 pages
File Size : 40,5 Mb
Release : 2004
Category : History
ISBN : 0195306457

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The People Themselves by Larry Kramer Pdf

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.

Securing Constitutional Democracy

James E. Fleming
Securing Constitutional Democracy Book PDF

Author : James E. Fleming
Publisher : University of Chicago Press
Page : 350 pages
File Size : 43,8 Mb
Release : 2006-10-02
Category : Law
ISBN : 9780226253435

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Securing Constitutional Democracy by James E. Fleming Pdf

Famously described by Louis Brandeis as "the most comprehensive of rights" and 'the right most valued by civilized men," the right of privacy or autonomy is more embattled during modern times than any other. Debate over its meaning, scope, and constitutional status is so widespread that it all but defines the post-1960s era of constitutional interpretation. Conservative Robert Bork called it "a loose canon in the law," while feminist Catharine MacKinnon attacked it as the “right of men to be left alone to oppress women.” Can a right with such prominent critics from across the political spectrum be grounded in constitutional law? In this book, James Fleming responds to these controversies by arguing that the right to privacy or autonomy should be grounded in a theory of securing constitutional democracy. His framework seeks to secure the basic liberties that are preconditions for deliberative democracy—to allow citizens to deliberate about the institutions and policies of their government—as well as deliberative autonomy—to enable citizens to deliberate about the conduct of their own lives. Together, Fleming shows, these two preconditions can afford everyone the status of free and equal citizenship in our morally pluralistic constitutional democracy.

The Partial Constitution

Cass R. Sunstein
The Partial Constitution Book PDF

Author : Cass R. Sunstein
Publisher : Harvard University Press
Page : 432 pages
File Size : 55,7 Mb
Release : 1993
Category : Law
ISBN : 067465479X

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The Partial Constitution by Cass R. Sunstein Pdf

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

The Oxford Handbook of Deliberative Democracy

André Bächtiger,John S. Dryzek,Jane Mansbridge,Mark E. Warren
The Oxford Handbook of Deliberative Democracy Book PDF

Author : André Bächtiger,John S. Dryzek,Jane Mansbridge,Mark E. Warren
Publisher : Oxford University Press
Page : 816 pages
File Size : 55,9 Mb
Release : 2018-08-23
Category : Political Science
ISBN : 9780191064579

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The Oxford Handbook of Deliberative Democracy by André Bächtiger,John S. Dryzek,Jane Mansbridge,Mark E. Warren Pdf

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.