The Law as a Conversation Among Equals

Administrative / Constitutional Law

The Law as a Conversation Among Equals

By Roberto Gargarella
Cambridge University Press November 2023

Specifications

ISBN-13
9781009102063
Publisher
Cambridge University Press
Publication
November 2023
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

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 340.47 −3%
HKD 351.00

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
The Tough Luck Constitution and the Assault on Healthcare Reform
Oxford University Press USA

The Tough Luck Constitution and the Assault on Healthcare Reform

Andrew Koppelman
HKD 220.55
Liquid Legal - Sustaining the Rule of Law: Artificial Intelligence, E-Justice, and the Cloud
Springer International

Liquid Legal - Sustaining the Rule of Law: Artificial Intelligence, E-Justice, and the Cloud

Kai Jacob; Dierk Schindler; Roger Strathausen; Bernhard Waltl
HKD 1,329.00
Introduction to Regulation and Governance
Edward Elgar Publishing

Introduction to Regulation and Governance

Martino Maggetti
HKD 339.84
Supperstone, Goudie and Walker: Judicial Review 6ed with 1st Supplement Set
LexisNexis U.K.

Supperstone, Goudie and Walker: Judicial Review 6ed with 1st Supplement Set

Michael Supperstone; James Goudie; Paul Walker
Constitutional Law in Israel, 2nd Edition
Kluwer Law International

Constitutional Law in Israel, 2nd Edition

Dr. Suzie Navot
HKD 1,199.80
Judicial Review and the Rights of Private Parties in EU Law 3rd Edition Pre-order
Oxford University Press

Judicial Review and the Rights of Private Parties in EU Law 3rd Edition

Angela Ward
HKD 1,576.25