The Law As a Conversation among Equals
eBook - PDF

The Law As a Conversation among Equals

  1. English
  2. PDF
  3. Available on iOS & Android
eBook - PDF

The Law As a Conversation among Equals

About this book

In a time of disenchantment with democracy, massive social protests and the 'erosion' of the system of checks and balances, this book proposes to reflect upon the main problems of our constitutional democracies from a particular regulative ideal: that of the conversation among equals. It examines the structural character of the current democratic crisis, and the way in which, from its origins, constitutions were built around a 'discomfort with democracy'. In this sense, the book critically explores the creation of different restraints upon majority rule and collective debate: constitutional rights that are presented as limits to (and not, fundamentally, as a product of) democratic debate; an elitist system of judicial review; a checks and balances scheme that discourages, rather than promotes, dialogue between the different branches of power; etc. Finally, the book proposes a dignified constitutional democracy aimed at enabling fraternal conversation within the framework of a community of equals.

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Yes, you can access The Law As a Conversation among Equals by Roberto Gargarella in PDF and/or ePUB format, as well as other popular books in Law & Public Law. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Cambridge University Press
Year
2022
Print ISBN
9781009098595
eBook ISBN
9781009115926
Topic
Law
Subtopic
Public Law
Index
Law

Table of contents

  1. Cover
  2. Half-title page
  3. Series page
  4. Title page
  5. Copyright page
  6. Contents
  7. Preface
  8. Acknowledgments
  9. 1 Constitutionalism and Democracy: An Institutional Problem of Structural Nature
  10. 2 The Law As Conversation among Equals
  11. 3 “Democratic Dissonance”: Elitism Translated into Institutions
  12. 4 A Constitution Marked by a “Discomfort with Democracy”
  13. 5 Motivations and Institutions: “If Men Were Angels”
  14. 6 The Structural Difficulties of Representation
  15. 7 The Rise and Fall of Popular Control
  16. 8 The Periodic Vote, or “Electoral Extortion”
  17. 9 Checks and Balances: Combining “Institutional Means and Personal Motives”
  18. 10 Presidentialism: Busting the Checks and Balances
  19. 11 Rights: Citizenship As Repository of Rights
  20. 12 Social Rights and the “Engine Room”
  21. 13 Judicial Review: “It Seems Something of an Insult”
  22. 14 Constitutional Interpretation: When the “Interpretative Gap” Widens
  23. 15 Constitution Making: Speaking with One Voice in Multicultural Societies
  24. 16 The Birth of Dialogical Constitutionalism
  25. 17 Why We Care About Dialogue
  26. 18 “Democratic Erosion”
  27. 19 The New Deliberative Assemblies
  28. 20 Conclusion: For a Conversation among Equals
  29. Bibliography
  30. Index