The law as a conversation among equals /
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 e...
| Main Author: | |
|---|---|
| Format: | Licensed eBooks |
| Language: | English |
| Published: |
Cambridge :
Cambridge University Press,
2022.
|
| Series: | Cambridge studies in constitutional law.
|
| Online Access: | https://doi.org/10.1017/9781009105682 |
Table of Contents:
- Constitutionalism and democracy : an institutional problem of structural nature
- The law as conversation among equals
- "Democratic dissonance" : elitism translated into institutions
- A constitution marked by a "discomfort with democracy"
- Motivations and institutions : "if men were angels"
- The structural difficulties of representation
- The rise and fall of popular control
- The periodic vote, or "electoral extortion"
- Checks and balances : combining "institutional means and personal motives"
- Presidentialism : busting the checks and balances
- Rights : citizenship as repository of rights
- Social rights and the "engine room"
- Judicial review : "it seems something of an insult"
- Constitutional interpretation : when the "interpretative gap" widens
- Constitution making : speaking with one voice in multicultural societies
- The birth of dialogical constitutionalism
- Why we care about dialogue
- "Democratic erosion"
- Conclusion : for a conversation among equals.