Search results for: the-law-of-deliberative-democracy

The Law of Deliberative Democracy

Author : Ron Levy
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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.

Deliberative Democracy and its Discontents

Author : Jose Luis Marti
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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.

Deliberative Democracy and the Institutions of Judicial Review

Author : Christopher F. Zurn
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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 Democracy

Author : James Bohman
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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.

Why Deliberative Democracy

Author : Amy Gutmann
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The most widely debated conception of democracy in recent years is deliberative democracy--the idea that citizens or their representatives owe each other mutually acceptable reasons for the laws they enact. Two prominent voices in the ongoing discussion are Amy Gutmann and Dennis Thompson. In Why Deliberative Democracy?, they move the debate forward beyond their influential book, Democracy and Disagreement. What exactly is deliberative democracy? Why is it more defensible than its rivals? By offering clear answers to these timely questions, Gutmann and Thompson illuminate the theory and practice of justifying public policies in contemporary democracies. They not only develop their theory of deliberative democracy in new directions but also apply it to new practical problems. They discuss bioethics, health care, truth commissions, educational policy, and decisions to declare war. In "What Deliberative Democracy Means," which opens this collection of essays, they provide the most accessible exposition of deliberative democracy to date. They show how deliberative democracy should play an important role even in the debates about military intervention abroad. Why Deliberative Democracy? contributes to our understanding of how democratic citizens and their representatives can make justifiable decisions for their society in the face of the fundamental disagreements that are inevitable in diverse societies. Gutmann and Thompson provide a balanced and fair-minded approach that will benefit anyone intent on giving reason and reciprocity a more prominent place in politics than power and special interests.

Debating Deliberative Democracy

Author : James S. Fishkin
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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.

The Cambridge Handbook of Deliberative Constitutionalism

Author : Ron Levy
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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.

Legislative Deliberative Democracy

Author : Avichai Levit
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"Freedom of speech is a basic right in a democracy. During war however, national legislatures tend to enact laws that restrict this basic right. Under what circumstances can such laws be democratically legitimate? Avichai Levit argues that the degree of democratic legitimacy of laws that restrict freedom of speech during war, depends on the extent of legislature deliberation on such laws. The more law makers in both chambers of the legislature, seriously consider information and arguments, reason on the common good, and seek to persuade and decide the best legislative outcome, in committees and on the floor, the more democratic legitimacy can be associated with such laws. This book fills a gap in the scholarly literature regarding the evaluation of the democratic legitimacy of laws restricting freedom of speech during war, by bridging different theoretical perceptions and presenting an alternative normative account of deliberative democracy which focuses on the deliberations of a national legislature. Using the United States as a case study, this book goes into the details of Congressional deliberation during World War I, World War II and the Cold War, as well as the political histories that brought about such laws. Legislative Deliberative Democracy will be of interest to academics and students alike in the fields of American Constitutional law, Political theory, American politics and political history"--

Direct Deliberative Democracy

Author : Debra J Campbell
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"Campbell and Crittenden show why citizens should make laws directly and how citizens can do so through democratic deliberation. With money, lobbyists, and corporations dominating local, state, and national elections, now is the time for citizens to take control of all aspects of their lives, both public and private, by deliberating together to make the laws and rules by which we live."--

Civil Disobedience and Deliberative Democracy

Author : William Smith
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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.

The Oxford Handbook of Deliberative Democracy

Author : André Bächtiger
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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.

Deliberation Democracy and the Media

Author : Simone Chambers
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Interdisciplinary discussion of the ways in which the media is and can be used in the service of deliberative equality within the public sphere--and of the ways in which the media can function to both facilitate and inhibit deliberative democracy. [back cover].

Deliberative Democracy in America

Author : Ethan J. Leib
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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.

Democratic Illusion

Author : Genevieve Fuji Johnson
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The theory of deliberative democracy promotes the creation of systems of governance in which citizens actively exchange ideas, engage in debate, and create laws that are responsive to their interests and aspirations. While deliberative processes are being adopted in an increasing number of cases, decision-making power remains mostly in the hands of traditional elites. In Democratic Illusion, Genevieve Fuji Johnson examines four representative examples: participatory budgeting in the Toronto Community Housing Corporation, Deliberative Polling by Nova Scotia Power Incorporated, a national consultation process by the Canadian Nuclear Waste Management Organization, and public consultations embedded in the development of official languages policies in Nunavut. In each case, measures that appeared to empower the public failed to challenge the status quo approach to either formulating or implementing policy. Illuminating a critical gap between deliberative democratic theory and its applications, this timely and important study shows what needs to be done to ensure deliberative processes offer more than the illusion of democracy.

Constitutional Courts and Deliberative Democracy

Author : Conrado Mendes
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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.

Comparative Human Rights Law

Author : Sandra Fredman
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Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others. Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.

Democracy and Deliberation

Author : Cary Federman
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Balancing law and rights in sex offender legislation

Deliberative Democracy and the Plural Polity

Author : Michael Rabinder James
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When we think of politics in pluralistic societies, two types of issues come to mind. On the one hand, controversies over affirmative action, race-conscious districting, and racial stereotypes in the media raise questions of justice. On the other hand, secessionist wars in the former Yugoslavia, religious violence in India, and race riots in American cities prompt questions about stability. But while both types of questions are crucial to resolving problems in pluralistic societies, few scholars integrate them in developing models for a just and stable multicultural policy. In this pathbreaking work, Michael Rabinder James integrates questions of justice and stability through a model of deliberative democracy in the plural polity. Drawing on empirical social science and normative political philosophy, James develops a framework for assessing democratic institutions according to three broad concerns: do they realize deliberative fairness in their decision-making procedures; can they flexibly respond to emerging and shifting collective identities; and are they able to mitigate group conflict? The core of this approach is James's model of "plural deliberation," which seeks an unrestricted scope for deliberation, processes for understanding and criticism across group boundaries, clear connections between deliberation and decision-making, and three fairness conditions (political equality, autonomy, and reciprocity) that are analyzed in both their deliberative and aggregative dimensions. Complementing "plural deliberation" are two empirically grounded investigations: a detailed account of how collective identities are socially constructed, and a rigorous analysis of how five strategic dynamics can encourage group conflict. James then uses the themes of plural deliberation, collective identity construction, and the dynamics of group conflict to assess two sets of democratic institutions: civil society or the public sphere; and electoral systems. He concludes by offering concrete but contextually sensitive proposals for reforming these and other democratic institutions. The result is perhaps the most comprehensive synthesis of insights from empirical social science and normative political philosophy regarding the problems of democracy in pluralistic societies. And instead of a naïve, utopian vision, Deliberative Democracy and the Plural Polity provides a realistic but critical reform agenda that can animate struggles for justice in an enormously diverse world.

Between Facts and Norms

Author : Jurgen Habermas
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5.2 Dworkin's Theory of Law

Hastings International and Comparative Law Review

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