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The Law As a Conversation among Equals

$39.99 ( ) USD

Part of Cambridge Studies in Constitutional Law

  • Date Published: April 2022
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781009115926

$ 39.99 USD ( )
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  • 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.

    • Presents and discusses some of the most pressing contemporary problems of constitutionalism
    • Proposes a dignified constitutional democracy aimed at enabling conversation between constitutionalism and democracy
    • Engages the reader with important debates in contemporary constitutionalism in a clear and accessible way
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    Product details

    • Date Published: April 2022
    • format: Adobe eBook Reader
    • isbn: 9781009115926
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    1. Constitutionalism and Democracy: An Institutional Problem of Structural Nature
    2. The law as Conversation among Equals
    3. 'Democratic Dissonance': Elitism Translated into Institutions
    4. A Constitution Marked by a 'Discomfort with Democracy'
    5. Motivations and Institutions: 'If Men Were Angels'
    6. The Structural Difficulties of Representation
    7. The Rise and Fall of Popular Control
    8. The Periodic Vote, or 'Electoral Extortion'
    9. Checks and Balances: Combining 'Institutional Means and Personal Motives'
    10. Presidentialism: Busting the Checks and Balances
    11. Rights: Citizenship As Repository of Rights
    12. Social Rights and the 'Engine Room'
    13. Judicial Review: 'It Seems Something of an Insult'
    14. Constitutional Interpretation: When the 'interpretative Gap' Widens
    15. Constitution Making: Speaking with One Voice in Multicultural Societies
    16. The Birth of Dialogical Constitutionalism
    17. Why We Care About Dialogue
    18. 'Democratic Erosion'
    19. Conclusion: For a Conversation among Equals.

  • Author

    Roberto Gargarella, Universidad de Buenos Aires, Argentina
    Roberto Gargarella is a Professor of Constitutional Law at the Universidad de Buenos Aires and a senior researcher at CONICET. He has published numerous books and articles, including, The Legal Foundations of Inequality (2010), Latin American Constitutionalism (2013); The Latin American Casebook. Courts Constitutions and Rights with J. G. Bertomeu (2016); and Constituent Assemblies with J. Elster et al (2018).

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