TY  - GEN
T1  - The law as a conversation among equals
T2  - Cambridge studies in constitutional law.
A1  - Gargarella, Roberto, 1964-
LA  - English
PP  - Cambridge
PB  - Cambridge University Press
YR  - 2022
UL  - https://ebooks.jgu.edu.in/Record/Cambridge_open_access_CR9781009105682
AB  - 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.
OP  - 342
NO  - Title from publisher's bibliographic system (viewed on 07 Apr 2022).
CN  - K3165 .G375 2022
SN  - 9781009105682 (ebook)
SN  - 9781009098595 (hardback)
SN  - 9781009102063 (paperback)
SN  - 9781009098595
KW  - Constitutional law.
KW  - Democracy.
KW  - Civil rights.
KW  - Equality before the law.
KW  - Elite (Social sciences)
KW  - Discontent.
KW  - Government, Resistance to.
ER  -