The Law Of Deliberative Democracy

Author : Ron Levy,Graeme Orr
Publisher : Routledge
Page : 271 pages
File Size : 42,5 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.

Author : James Bohman,William Rehg
Publisher : MIT Press
Page : 484 pages
File Size : 50,7 Mb
Release : 1997
Category : Philosophy
ISBN : 0262522411

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Deliberative Democracy by James Bohman,William Rehg Pdf

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.

Author : Jose Luis Marti,Samantha Besson
Publisher : Routledge
Page : 296 pages
File Size : 40,8 Mb
Release : 2017-03-02
Category : Political Science
ISBN : 9781351945462

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Deliberative Democracy and its Discontents by Jose Luis Marti,Samantha Besson 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. Its contributions' focus on discontent, provide a critical assessment of the benefits of deliberation and also respond to the strongest criticisms of the idea of democratic deliberation. The essays consider the three basic questions of why, how and where to deliberate democratically. This book will be of value not only to political and democratic theorists, but also to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and post-national pluralistic polities.

Author : Jon Elster
Publisher : Cambridge University Press
Page : 300 pages
File Size : 52,5 Mb
Release : 1998-03-28
Category : Political Science
ISBN : 0521596963

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Deliberative Democracy by Jon Elster Pdf

This volume assesses the strengths and weaknesses of deliberative democracy.

Author : Ian O'Flynn
Publisher : John Wiley & Sons
Page : 112 pages
File Size : 50,9 Mb
Release : 2021-09-27
Category : Philosophy
ISBN : 9781509523498

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Deliberative Democracy by Ian O'Flynn Pdf

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.

Author : David Kahane,Daniel Weinstock,Dominique Leydet,Melissa Williams
Publisher : UBC Press
Page : 267 pages
File Size : 50,9 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.

Author : Conrado Mendes
Publisher : Oxford University Press
Page : 274 pages
File Size : 49,7 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.

Author : Stephen Elstub
Publisher : Edinburgh University Press
Page : 256 pages
File Size : 45,8 Mb
Release : 2014-01-29
Category : Political Science
ISBN : 9780748643509

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Deliberative Democracy by Stephen Elstub Pdf

Deliberative democracy is the darling of democratic theory and political theory more generally, and generates international interest. In this book, a number of leading democratic theorists address the key issues that surround the theory and practice of deliberative democracy. They outline the problems faced by deliberative democracy in the context of the available empirical evidence, survey potential solutions and put forward new and innovative ideas to resolve these issues.

Author : Graeme Orr
Publisher : Routledge
Page : 292 pages
File Size : 51,9 Mb
Release : 2010
Category : Law
ISBN : 186287803X

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The Law of Politics by Graeme Orr Pdf

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.

Author : William Smith
Publisher : Routledge
Page : 204 pages
File Size : 54,8 Mb
Release : 2013-07-18
Category : Political Science
ISBN : 9781135017538

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Civil Disobedience and Deliberative Democracy by William Smith Pdf

Civil disobedience is a public, nonviolent, conscientious yet political act, contrary to law, carried out to communicate opposition to law and policy of government. This book presents a theory of civil disobedience that draws on ideas associated with deliberative democracy. This book explores the ethics of civil disobedience in democratic societies. It revisits the theoretical literature on civil disobedience with a view to taking a fresh look at long-standing questions: When is civil disobedience a justified method of political protest? What role, if any, does it play in democratic politics? Is there a moral right to civil disobedience in a democratic society? And how should a democratic state respond to citizens who commit civil disobedience? The answers given to these questions add up to a coherent and distinctive theory of civil disobedience, which draws on ideas associated with deliberative democracy to forge an account that improves upon prominent approaches to this subject. Civil Disobedience and Deliberative Democracy will be of interest to students and scholars of contemporary political theory, political science, democratization studies, social movement studies, criminology, legal theory and moral philosophy.

Author : Christopher F. Zurn
Publisher : Cambridge University Press
Page : 14 pages
File Size : 55,5 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.

Author : Anne van Aaken,Christian List
Publisher : Routledge
Page : 464 pages
File Size : 46,9 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351945493

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Deliberation and Decision by Anne van Aaken,Christian List Pdf

Deliberation and Decision explores ways of bridging the gap between two rival approaches to theorizing about democratic institutions: constitutional economics on the one hand and deliberative democracy on the other. The two approaches offer very different accounts of the functioning and legitimacy of democratic institutions. Although both highlight the importance of democratic consent, their accounts of such consent could hardly be more different. Constitutional economics models individuals as self-interested rational utility maximizers and uses economic efficiency criteria such as incentive compatibility for evaluating institutions. Deliberative democracy models individuals as communicating subjects capable of engaging in democratic discourse. The two approaches are disjointed not only in terms of their assumptions and methodology but also in terms of the communication - or lack thereof - between their respective communities of researchers. This book provides a comprehensive overview of the recent debate between the two approaches and makes new and original contributions to that debate.

Author : Robert J. Cavalier
Publisher : Carnegie-Mellon University Press
Page : 0 pages
File Size : 44,6 Mb
Release : 2011
Category : Deliberative democracy
ISBN : 0887485375

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Approaching Deliberative Democracy by Robert J. Cavalier Pdf

A collection of articles on the theory and practice of deliberative democracy edited by Robert Cavalier.

Author : James S. Fishkin,Peter Laslett
Publisher : John Wiley & Sons
Page : 248 pages
File Size : 51,5 Mb
Release : 2008-04-15
Category : Philosophy
ISBN : 9780470680469

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Debating Deliberative Democracy by James S. Fishkin,Peter Laslett Pdf

Debating Deliberative Democracy explores the nature and value of deliberation, the feasibility and desirability of consensus on contentious issues, the implications of institutional complexity and cultural diversity for democratic decision making, and the significance of voting and majority rule in deliberative arrangements. Investigates the nature and value of deliberation, the feasibility and desirability of consensus on contentious issues, the implications of institutional complexity and cultural diversity for democratic decision making, and the significance of voting and majority rule in deliberative arrangements. Includes focus on institutions and makes reference to empirical work. Engages a debate that cuts across political science, philosophy, the law and other disciplines.

Author : Ron Levy
Publisher : Unknown
Page : 33 pages
File Size : 48,5 Mb
Release : 2013
Category : Electronic
ISBN : OCLC:930637328

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The Law of Deliberative Democracy by Ron Levy Pdf