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  3. The Law As a Conversation among Equals
  • Cited by 22
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    • Publisher:
      Cambridge University Press
      Publication date:
      25 April 2022
      21 April 2022
      ISBN:
      9781009105682
      9781009098595
      9781009102063
      DOI:
      https://doi.org/10.1017/9781009105682
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.68kg, 362 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.523kg, 362 Pages
      • Subjects:
      Constitutional and Administrative Law, Law, Jurisprudence
      Series:
      Cambridge Studies in Constitutional Law
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    Subjects:
    Constitutional and Administrative Law, Law, Jurisprudence
    Series:
    Cambridge Studies in Constitutional Law
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    Book description

    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.

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