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The Cambridge Handbook of Deliberative Constitutionalism

The Cambridge Handbook of Deliberative Constitutionalism PDF Author: Ron Levy
Publisher: Cambridge University Press
ISBN: 1108304796
Category : Law
Languages : en
Pages : 723

Book Description
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 Cambridge Handbook of Deliberative Constitutionalism

The Cambridge Handbook of Deliberative Constitutionalism PDF Author: Ron Levy
Publisher: Cambridge University Press
ISBN: 1108304796
Category : Law
Languages : en
Pages : 723

Book Description
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 Cambridge Handbook of Deliberative Constitutionalism

The Cambridge Handbook of Deliberative Constitutionalism PDF Author: Ron Levy
Publisher: Cambridge University Press
ISBN: 1108307795
Category : Law
Languages : en
Pages : 398

Book Description
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.

Deliberative Democracy and the Institutions of Judicial Review

Deliberative Democracy and the Institutions of Judicial Review PDF Author: Christopher F. Zurn
Publisher:
ISBN: 9780511278013
Category : Constitutional courts
Languages : en
Pages : 366

Book Description
Zurn examines the legitimacy of constitutional review using a normative theory of deliberative democratic constitutionalism.

The Cambridge Handbook of Constitutional Theory

The Cambridge Handbook of Constitutional Theory PDF Author: Richard Bellamy
Publisher: Cambridge University Press
ISBN: 9781108491310
Category : Law
Languages : en
Pages : 0

Book Description
This Handbook brings together contributions from leading scholars of constitutional theory, with backgrounds in law, philosophy, and political science. Its 60 chapters not only offer an exceptional survey of the field but also provide a major contribution to it. The book explores three main areas. Firstly, the values upheld by a constitution, including rights, freedom, equality, dignity and well-being. Secondly, the modalities of a constitutional system, such as the separation of powers, democratic representation, and the rule of law. Finally, the institutions through which it operates, both legal and political; including courts, elections, parliaments and international organisations. It also considers the challenges confronting constitutional arrangements from growing inequality, populism, climate change and migration.

The Far Right Today

The Far Right Today PDF Author: Cas Mudde
Publisher: John Wiley & Sons
ISBN: 150953685X
Category : Philosophy
Languages : en
Pages : 129

Book Description
The far right is back with a vengeance. After several decades at the political margins, far-right politics has again taken center stage. Three of the world’s largest democracies – Brazil, India, and the United States – now have a radical right leader, while far-right parties continue to increase their profile and support within Europe. In this timely book, leading global expert on political extremism Cas Mudde provides a concise overview of the fourth wave of postwar far-right politics, exploring its history, ideology, organization, causes, and consequences, as well as the responses available to civil society, party, and state actors to challenge its ideas and influence. What defines this current far-right renaissance, Mudde argues, is its mainstreaming and normalization within the contemporary political landscape. Challenging orthodox thinking on the relationship between conventional and far-right politics, Mudde offers a complex and insightful picture of one of the key political challenges of our time.

The Oxford Handbook of Deliberative Democracy

The Oxford Handbook of Deliberative Democracy PDF Author: André Bächtiger
Publisher: Oxford University Press
ISBN: 0191064572
Category : Political Science
Languages : en
Pages : 816

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.

Deliberative Constitution-making

Deliberative Constitution-making PDF Author: Min Reuchamps
Publisher: Taylor & Francis
ISBN: 1000955249
Category : Political Science
Languages : en
Pages : 239

Book Description
This book explains deliberative constitution-making with a special focus on the connections between participation, representation and legitimacy and provides a general overview of what the challenges and prospects of deliberative constitution-making are today. It seeks to provide a more complete picture of what is at stake as a political trend in various places in the world, both theoretically and empirically grounded. Distinctively, the book studies not only established democracies and well-known cases of deliberative constitution-making but also such practices in authoritarian and less consolidated democratic settings and departs from a traditional institutional perspective to have a special focus on actors, and in particular underrepresented groups. This book is of key interest to scholars and students of deliberative democracy, constitutional politics, democratization and autocratization studies, citizen participation and more broadly to comparative politics, public administration, social policy and law.

Eternity Clauses in Democratic Constitutionalism

Eternity Clauses in Democratic Constitutionalism PDF Author: Silvia Suteu
Publisher: Oxford University Press
ISBN: 0192602608
Category : Law
Languages : en
Pages : 272

Book Description
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.

The EU and Constitutional Time

The EU and Constitutional Time PDF Author: Massimo Fichera
Publisher: Edward Elgar Publishing
ISBN: 1789909007
Category : Law
Languages : en
Pages : 181

Book Description
This insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions and contradictions of European constitutionalism using the lens of constitutional time.

Democracy Without Shortcuts

Democracy Without Shortcuts PDF Author: Cristina Lafont
Publisher: Oxford University Press, USA
ISBN: 0198848188
Category : Philosophy
Languages : en
Pages : 279

Book Description
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.