The Law as a Conversation Among Equals

Administrative / Constitutional Law

The Law as a Conversation Among Equals

By Roberto Gargarella
Cambridge University Press April 2022

Specifications

ISBN-13
9781009098595
Publisher
Cambridge University Press
Publication
April 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

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
HKD 1,311.44 −3%
HKD 1,352.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Administrative / Constitutional Law

View all
Legal Interpretation in Motion: Rights, Institutions and Regulation in Contemporary Legal Change Pre-order
Springer-Verlag

Legal Interpretation in Motion: Rights, Institutions and Regulation in Contemporary Legal Change

Ioana Maria Costea
HKD 598.00
Paradoxical Ethics New
Oxford University Press

Paradoxical Ethics

Saul Smilansky
HKD 1,500.59
The Rule of Law: A Comparative Perspective
City University of Hong Kong Press

The Rule of Law: A Comparative Perspective

Guiguo WANG; Fan YANG
HKD 220.00
Local Meanings of Proportionality
Cambridge University Press

Local Meanings of Proportionality

Afroditi Marketou
HKD 1,374.49
Chronotopes of Law: Jurisdiction, Scale and Governance
Routledge

Chronotopes of Law: Jurisdiction, Scale and Governance

Mariana Valverde
HKD 2,168.79
Law Express Question and Answer: English Legal System, 5th Edition
Pearson U.K.

Law Express Question and Answer: English Legal System, 5th Edition

Gary Wilson
HKD 29.00