The Constitution Of Deliberative Democracy
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The Constitution Of Deliberative Democracy
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Author : Carlos Santiago Nino
language : en
Publisher: Yale University Press
Release Date : 1996-01-01
The Constitution Of Deliberative Democracy written by Carlos Santiago Nino and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-01 with Political Science categories.
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 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.
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 Education categories.
This volume assesses the strengths and weaknesses of deliberative democracy.
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.
Direct Deliberative Democracy
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Author : Crittenden Jack Crittenden
language : en
Publisher: Black Rose Books Ltd.
Release Date : 2019-10-15
Direct Deliberative Democracy written by Crittenden Jack Crittenden and has been published by Black Rose Books Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-15 with Political Science categories.
As American politics becomes ever more dominated by powerful vested interests, positive change seems permanently stymied. Left out in the cold by the political process, citizens are frustrated and despairing. How can we take back our democracy from the grip of oligarchy and bring power to the people? In Direct Deliberative Democracy, Jack Crittenden and Debra Campbell offer up a better way for government to reflect citizens' interests. It begins with a startlingly basic question: "e;Why don't we the people govern?"e; In this provocative book, the authors mount a powerful case that the time has come for more direct democracy in the United States, showing that the circumstances that made the Constitutional framers' arguments so convincing more than two hundred years ago have changed dramatically-and that our democracy needs to change with them. With money, lobbyists, and corporations now dominating local, state, and national elections, the authors argue that now is the time for citizens to take control of their government by deliberating together to make public policies and laws directly. At the heart of their approach is a proposal for a new system of "e;legislative juries,"e; in which the jury system would be used as a model for selecting citizens to create ballot initiatives. This would enable citizens to level the playing field, bring little-heard voices into the political arena, and begin the process of transforming our democracy into one that works for, not against, its citizens.
Deliberative Democracy And The Institutions Of Judicial Review
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Author : Christopher F. Zurn
language : en
Publisher: Cambridge University Press
Release Date : 2007-03-26
Deliberative Democracy And The Institutions Of Judicial Review written by Christopher F. Zurn 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 2007-03-26 with Philosophy categories.
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.
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.
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.
Constitutional Courts And Deliberative Democracy
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Author : Conrado Hübner Mendes
language : en
Publisher: OUP Oxford
Release Date : 2013-12-19
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 2013-12-19 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.
Constitutional Deliberative Democracy In Europe
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Author : Min Reuchamps
language : en
Publisher: ECPR Press
Release Date : 2016-02
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 2016-02 with Political Science categories.
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, and in Belgium, a citizen-led initiative 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 reinvolve citizens. These empirical cases are emblematic of a possibly constitutional turn in deliberative democracy in Europe. This book critically assesses these developments, bringing together academics involved in the design of these new forms of constitutional deliberative democracy with the theorists who propagated the ideas.