The Cambridge Handbook Of Deliberative Constitutionalism
Download The Cambridge Handbook Of Deliberative Constitutionalism full books in PDF, epub, and Kindle. Read online free The Cambridge Handbook Of Deliberative Constitutionalism ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Ron Levy |
Publisher | : Cambridge University Press |
Total Pages | : 398 |
Release | : 2018-04-19 |
Genre | : Law |
ISBN | : 1108307795 |
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.
Author | : Ron Levy |
Publisher | : Cambridge University Press |
Total Pages | : 392 |
Release | : 2018-04-19 |
Genre | : Law |
ISBN | : 9781108418201 |
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.
Author | : Ron Levy |
Publisher | : Cambridge University Press |
Total Pages | : 723 |
Release | : 2018-04-19 |
Genre | : Law |
ISBN | : 1108304796 |
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.
Author | : André Bächtiger |
Publisher | : Oxford University Press |
Total Pages | : 1054 |
Release | : 2018-08-23 |
Genre | : Political Science |
ISBN | : 0191064572 |
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.
Author | : Christopher F. Zurn |
Publisher | : Cambridge University Press |
Total Pages | : 14 |
Release | : 2007-03-26 |
Genre | : Philosophy |
ISBN | : 1139464388 |
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 | : Ron Levy |
Publisher | : Routledge |
Total Pages | : 271 |
Release | : 2016-11-03 |
Genre | : Law |
ISBN | : 1134502060 |
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 | : Min Reuchamps |
Publisher | : Taylor & Francis |
Total Pages | : 239 |
Release | : 2023-08-31 |
Genre | : Political Science |
ISBN | : 1000955249 |
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.
Author | : Ali Meghji |
Publisher | : John Wiley & Sons |
Total Pages | : 130 |
Release | : 2021-01-07 |
Genre | : Social Science |
ISBN | : 1509541969 |
Sociology, as a discipline, was born at the height of global colonialism and imperialism. Over a century later, it is yet to shake off its commitment to colonial ways of thinking. This book explores why, and how, sociology needs to be decolonized. It analyses how sociology was integral in reproducing the colonial order, as dominant sociologists constructed theories either assuming or proving the supposed barbarity and backwardness of colonized people. Ali Meghji reveals how colonialism continues to shape the discipline today, dominating both social theory and the practice of sociology, how exporting the Eurocentric sociological canon erased social theories from the Global South, and how sociologists continue to ignore the relevance of coloniality in their work. This guide will be necessary reading for any student or proponent of sociology. In opening up the work of other decolonial advocates and under-represented thinkers to readers, Meghji offers key suggestions for what teachers and students can do to decolonize sociology. With curriculum reform, innovative teaching and a critical awareness of these issues, it is possible to make sociology more equitable on a global scale.
Author | : Silvia Suteu |
Publisher | : Oxford University Press |
Total Pages | : 272 |
Release | : 2021-05-20 |
Genre | : Law |
ISBN | : 0192602608 |
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.
Author | : Massimo Fichera |
Publisher | : Edward Elgar Publishing |
Total Pages | : 181 |
Release | : 2023-07-01 |
Genre | : Law |
ISBN | : 1789909007 |
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.