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.
Release on 2017-03-02 | by Jose Luis Marti,Samantha Besson
Author: Jose Luis Marti,Samantha Besson
Category: Political Science
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.
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.
Release on 1998-01-21 | by Amy Gutmann,Dennis F. Thompson
Author: Amy Gutmann,Dennis F. Thompson
Pubpsher: Harvard University Press
Category: Political Science
Gutmann and Thompson show how a deliberative democracy can address some of our most difficult controversies--from abortion and affirmative action to health care and welfare--and can allow diverse groups to reason together.
Why the Founding Document Doesn't Mean What It Meant Before
Author: Cass R. Sunstein
Pubpsher: Princeton University Press
The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.
Release on 2010-07-01 | by David Kahane,Daniel Weinstock,Dominique Leydet,Melissa Williams
Author: David Kahane,Daniel Weinstock,Dominique Leydet,Melissa Williams
Pubpsher: UBC Press
Category: Political Science
Deliberative democracy is a dominant paradigm in normative political philosophy. Deliberative democrats want politics to be more than a clash of contending interests, and they believe political decisions should emerge from reasoned dialogue among citizens. But can these ideals be realized in complex and unjust societies? This book brings together leading scholars who explore debates in deliberative democratic theory in four areas of practice: education, constitutions and state boundaries, indigenous-settler relations, and citizen participation and public consultation. This dynamic volume casts new light on the strengths and limitations of deliberative democratic theory, offering guidance to policy makers and to students and scholars interested in democratic justice.
Release on 2001 | by Helmut Heiss,Daniel Jacobasch,Anna Suproń-Heidel,Petra Zobel
Author: Helmut Heiss,Daniel Jacobasch,Anna Suproń-Heidel,Petra Zobel
Pubpsher: Mohr Siebeck
English summary: After the socialist systems had collapsed, the Baltic Sea states moved closer together, and all problems observed in Europe which followed the collapse of Communism can be found in the Baltic Sea area. The institutions of this area are particularly important for an integration process which has to take place before these countries become members of the E.U. and also for their role in improving relations with Russia. In this book, the authors discuss various aspects of the law as a means of integration in the Baltic Sea area. They deal with questions surrounding the transformation of post-socialist legal systems, the integration of Poland and the Baltic states into the E.U., the economic and historical aspects of trade in the Baltic Sea area as well as aspects of conflict of laws and harmonization of laws in the Baltic Sea area. German description: Nach dem Zusammenbruch der sozialistischen Systeme ruckten die Staaten des Ostseeraums enger zusammen. Alle Aspekte und Probleme, die dem Zusammenbruch des Kommunismus folgen, werden in ganz Europa und auch im Ostseeraum beobachtet. Vor allem die speziellen Institutionen der Ostseeregion spielen sowohl im voranschreitenden Integrationsprozess wahrend der Phase vor einem EU-Beitritt als auch bei der Verbesserung der Beziehungen zu Russland eine bedeutende Rolle. Dabei ist das Recht ein wichtiges Integrationsinstrument. In diesem Band diskutieren internationale Wissenschaftler verschiedene Aspekte des Rechts als Integrationsinstrument im Ostseeraum. Dabei werden Fragen der Transformation post-sozialistischer Rechtssysteme, die EU-Integration von Polen und den baltischen Staaten, historische und okonomische Aspekte des Handels im Ostseeraum, Aspekte des internationalen Privatrechts und der Rechtsharmonisierung im Ostseeraum erortert.
What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.
Release on 2018-04-19 | by Ron Levy,Hoi Kong,Graeme Orr,Jeff King
Author: Ron Levy,Hoi Kong,Graeme Orr,Jeff King
Pubpsher: Cambridge University Press
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.