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  1. Home
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  3. The Law As a Conversation among Equals
  • Cited by 5
Publisher:
Cambridge University Press
Online publication date:
April 2022
Print publication year:
2022
Online ISBN:
9781009105682
DOI:
https://doi.org/10.1017/9781009105682
Subjects:
Constitutional and Administrative Law, Law, Jurisprudence
Series:
Cambridge Studies in Constitutional Law
Information

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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