Deliberative Constitution Making
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Deliberative Constitution Making
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Author : Min Reuchamps
language : en
Publisher: Taylor & Francis
Release Date : 2023-08-31
Deliberative Constitution Making written by Min Reuchamps and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-31 with Political Science categories.
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.
Constituents Before Assembly
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Author : Todd A. Eisenstadt
language : en
Publisher: Cambridge University Press
Release Date : 2017-07-03
Constituents Before Assembly written by Todd A. Eisenstadt and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-03 with Law categories.
When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory.
Deliberative Democracy In America
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Author : Ethan J. Leib
language : en
Publisher: Penn State Press
Release Date : 2010-11-01
Deliberative Democracy In America written by Ethan J. Leib and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-01 with Political Science categories.
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 Law Of Deliberative Democracy
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Author : Ron Levy
language : en
Publisher: Routledge
Release Date : 2016-11-03
The Law Of Deliberative Democracy written by Ron Levy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-03 with Law categories.
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.
The Cambridge Handbook Of Deliberative Constitutionalism
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Author : Ron Levy
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-19
The Cambridge Handbook Of Deliberative Constitutionalism written by Ron Levy and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-19 with Law categories.
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.
Constitutional Courts And Deliberative Democracy
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Author : Conrado Hübner Mendes
language : en
Publisher: OUP Oxford
Release Date : 2013-12-20
Constitutional Courts And Deliberative Democracy written by Conrado Hübner Mendes and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-20 with Law categories.
Contemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. The best institutional translation of a 'government of the people, by the people and for the people' is usually expressed through elections and electoral representation in parliaments. Judicial review of legislation has been challenged as bypassing that common sense conception of democratic rule. The alleged 'democratic deficit' behind what courts are legally empowered to do has been met with a variety of justifications in favour of judicial review. One common justification claims that constitutional courts are, in comparison to elected parliaments, much better suited for impartial deliberation and public reason-giving. Fundamental rights would thus be better protected by that insulated mode of decision-making. This justification has remained largely superficial and, sometimes, too easily embraced. This book analyses the argument that the legitimacy of courts arises from their deliberative capacity. It examines the theory of political deliberation and its implications for institutional design. Against this background, it turns to constitutional review and asks whether an argument can be made in support of judicial power on the basis of deliberative theory.
Deliberative Democracy
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Author : Jon Elster
language : en
Publisher: Cambridge University Press
Release Date : 1998-03-28
Deliberative Democracy written by Jon Elster and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-03-28 with Political Science categories.
This volume assesses the strengths and weaknesses of deliberative democracy.
The Cambridge Handbook Of Deliberative Constitutionalism
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Author : Ron Levy
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-19
The Cambridge Handbook Of Deliberative Constitutionalism written by Ron Levy and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-19 with Law categories.
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.
Designing Deliberative Democracy
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Author : Mark E. Warren
language : en
Publisher:
Release Date : 2008
Designing Deliberative Democracy written by Mark E. Warren and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with British Columbia categories.
Constitutional Deliberative Democracy In Europe
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Author : Min Reuchamps
language : en
Publisher: ECPR Press
Release Date : 2017-07-03
Constitutional Deliberative Democracy In Europe written by Min Reuchamps and has been published by ECPR Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-03 with Political Science categories.
From small-scale experiments, deliberative mini-publics have recently taken a constitutional turn in Europe. Iceland and Ireland have turned to deliberative democracy to reform their constitutions. Estonia, Luxembourg and Romania have also experienced constitutional process in a deliberative mode. In Belgium the G1000, a citizen-led initiative of deliberative democracy, has fostered a wider societal debate about the role and place of citizens in the country's democracy. At the same time, European institutions have introduced different forms of deliberative democracy as a way to connect citizens back in. These empirical cases are emblematic of a possibly constitutional turn in deliberative democracy in Europe. The purpose of this book is to critically assess these developments, bringing together academics involved in the designing of these new forms of constitutional deliberative democracy with the theorists who propagated the ideas and evaluated democratic standards.