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The Cambridge Handbook of Deliberative Constitutionalism

Hoi Kong, Ron Levy, Jerry L. Mashaw, Mary B. DeRosa, Mitt C. Regan, Jr, David Dyzenhaus, Geneviève Cartier, George Williams, Daniel Reynolds, Gabrielle Appleby, Anna Olijnyk, Robyn Hollander, Haig Patapan, Danny Gittings, Alison L. Young, T. R. S. Allan, Jonathan Crowe, Mark D. Walters, Daniel Weinstock, Pavlos Eleftheriadis, Theunis Roux, Eric Ghosh, John Gastil, Dennis Hale, John Parkinson, Simone Chambers, Joel Colón-Ríos, Silvia Suteu, Stephen Tierney, Stephen Elstub, Gianfranco Pomatto, Gideon Sapir, Sarah Sorial, Chris Shore, David V. Williams, Simone Chambers
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  • Date Published: April 2018
  • availability: Available
  • format: Hardback
  • isbn: 9781108418201

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  • Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.

    • Establishes the parameters of the field of deliberative constitutionalism, which bridges constitutional and deliberative democracy
    • Explores how judges, citizens, and legislators deliberate about constitutional norms and how the various features of a constitution impact their discussions
    • Discusses the most effective solutions to contemporary challenges in constitutional practice through perspectives informed by theoretical and real-world insights
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    Reviews & endorsements

    'This Handbook offers a comprehensive exploration of the implications of the 'deliberative turn' in legal and political philosophy for the theory and practice of constitutionalism. It investigates not only how deliberation can enhance constitution-making but also, and more innovatively and importantly, how it can improve the everyday working of constitutional systems. Deliberation thereby becomes an important goal of constitutional design. The focus on deliberation also serves to close the gap that is sometimes thought to exist between constitutionalism and democracy. As the authors show, democracy and constitutional law can mutually reinforce their respective deliberative qualities, increasing the legitimacy and justification of each.' Richard Bellamy, Director of the Max Weber Programme, European University Institute, Florence and University College London

    'The chapters in this book are timely and collectively offer a theoretically rich, empirically informed and normatively compelling alternative to a prime threat to liberal democracy today: populist constitutionalism.' Simone Chambers, University of California

    'Should constitutional change require a more deliberative kind of law-making? Is that what might make 'higher law-making' higher? This handbook offers an excellent compendium of the competing perspectives in this current debate. Anyone interested in the deliberative democracy of constitutions should read this book.' James Fishkin, Janet M. Peck Professor of International Communication, Stanford University, California, and author of Democracy When the People Are Thinking

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    Product details

    • Date Published: April 2018
    • format: Hardback
    • isbn: 9781108418201
    • length: 394 pages
    • dimensions: 260 x 185 x 24 mm
    • weight: 0.88kg
    • availability: Available
  • Table of Contents

    1. Introduction Hoi Kong and Ron Levy
    Part I. Deliberating Under Constitutions:
    2. Reasoned administration and democratic legitimacy – reflections on American hybrid Jerry L Mashaw
    3. Deliberative constitutionalism in the national security setting Mary B. DeRosa and Mitt C. Regan, Jr
    4. Deliberative constitutionalism through the lens of the administrative state David Dyzenhaus
    5. Deliberative ideals and constitutionalism in the administrative state Geneviève Cartier
    6. Parliamentary human rights vetting and deliberation George Williams and Daniel Reynolds
    7. Constitutional deliberation in the legislative process Gabrielle Appleby and Anna Olijnyk
    8. Deliberative federalism Robyn Hollander and Haig Patapan
    9. Separation of powers and deliberative democracy Danny Gittings
    10. Dialogue, deliberation and human rights Alison L. Young
    Part II. Comprehensive Views – Deliberating under and about Constitutions:
    11. The deliberative constitution at common law T. R. S. Allan
    12. The role of snap judgments in constitutional deliberation – a dialectical equilibrium model Jonathan Crowe
    13. Deliberating about constitutionalism Mark D. Walters
    14. Compromise in deliberative constitutionalism Daniel Weinstock
    15. Constitutional change through deliberation Pavlos Eleftheriadis
    16. In defence of empirical entanglement – the methodological flaw in Waldron's case against judicial review Theunis Roux
    17. Deliberative constitutionalism: an empirical dimension Eric Ghosh
    18. The jury system as a cornerstone of deliberative democracy John Gastil and Dennis Hale
    19. Ideas of constitutions and deliberative democracy and how they interact John Parkinson
    20. Kickstarting the bootstrapping – Jürgen Habermas, deliberative constitutionalisation, and the limits of proceduralism Simone Chambers
    Part III. Deliberating about Constitutions:
    21. Deliberative democracy and the doctrine of unconstitutional constitutional amendments Joel Colón-Ríos
    22. Squaring the circle? Bringing deliberation and participation together in processes of constitution-making Silvia Suteu and Stephen Tierney
    23. Mini-publics and deliberative constitutionalism Stephen Elstub and Gianfranco Pomatto
    24. Popular constitutionalism and constitutional deliberation Gideon Sapir
    25. Constitutional reform and the problem of deliberation – building a 'civics infrastructure' for meaningful debate Sarah Sorial
    26. Deliberative or performative? Constitutional reform proposals and the politics of public engagement Chris Shore and David V. Williams
    27. The 'elite problem' in deliberative constitutionalism Ron Levy
    Afterword Simone Chambers.

  • Editors

    Ron Levy, Australian National University, Canberra
    Ron Levy is an Associate Professor at the Law School, Australian National University, Canberra.

    Hoi Kong, McGill University, Montréal
    Hoi Kong is an Associate Professor at the Faculty of Law, McGill University, Montréal.

    Graeme Orr, University of Queensland
    Graeme Orr is a Professor at the Law School, University of Queensland.

    Jeff King, University College London
    Jeff King is a Professor of Law at the Faculty of Laws, University College London.

    Contributors

    Hoi Kong, Ron Levy, Jerry L. Mashaw, Mary B. DeRosa, Mitt C. Regan, Jr, David Dyzenhaus, Geneviève Cartier, George Williams, Daniel Reynolds, Gabrielle Appleby, Anna Olijnyk, Robyn Hollander, Haig Patapan, Danny Gittings, Alison L. Young, T. R. S. Allan, Jonathan Crowe, Mark D. Walters, Daniel Weinstock, Pavlos Eleftheriadis, Theunis Roux, Eric Ghosh, John Gastil, Dennis Hale, John Parkinson, Simone Chambers, Joel Colón-Ríos, Silvia Suteu, Stephen Tierney, Stephen Elstub, Gianfranco Pomatto, Gideon Sapir, Sarah Sorial, Chris Shore, David V. Williams, Simone Chambers

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