The Cambridge Handbook of Deliberative Constitutionalism

Author:   Ron Levy (Australian National University, Canberra) ,  Hoi Kong (McGill University, Montréal) ,  Graeme Orr (University of Queensland) ,  Jeff King (University College London)
Publisher:   Cambridge University Press
ISBN:  

9781108418201


Pages:   394
Publication Date:   19 April 2018
Format:   Hardback
Availability:   Temporarily unavailable   Availability explained
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The Cambridge Handbook of Deliberative Constitutionalism


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Author:   Ron Levy (Australian National University, Canberra) ,  Hoi Kong (McGill University, Montréal) ,  Graeme Orr (University of Queensland) ,  Jeff King (University College London)
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 18.50cm , Height: 2.40cm , Length: 26.00cm
Weight:   0.880kg
ISBN:  

9781108418201


ISBN 10:   1108418201
Pages:   394
Publication Date:   19 April 2018
Audience:   Professional and scholarly ,  College/higher education ,  Professional & Vocational ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   Temporarily unavailable   Availability explained
The supplier advises that this item is temporarily unavailable. It will be ordered for you and placed on backorder. Once it does come back in stock, we will ship it out to you.

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.

Reviews

'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, and author of Democracy When the People Are Thinking


Advance praise: '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 Advance praise: '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 Advance praise: '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, and author of Democracy When the People Are Thinking


Author Information

Ron Levy is an Associate Professor at the Law School, Australian National University, Canberra. Hoi Kong is an Associate Professor at the Faculty of Law, McGill University, Montréal. Graeme Orr is a Professor at the Law School, University of Queensland. Jeff King is a Professor of Law at the Faculty of Laws, University College London.

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