The Law As a Conversation among Equals
Format:Hardback
Publisher:Cambridge University Press
Published:21st Apr '22
Currently unavailable, currently targeted to be due back around 2nd December 2024, but could change
This hardback is available in another edition too:
- Paperback£25.99(9781009102063)
Advocates for a dignified constitutional democracy aimed at enabling fraternal conversation within the framework of a community of equals.
In times of disenchantment with democracy and 'erosion' of the system of checks and balances, the book proposes to reflect upon the main problems of our constitutional democracies, from a particular regulative ideal: that of the conversation among equals.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.
ISBN: 9781009098595
Dimensions: 235mm x 157mm x 22mm
Weight: 680g
300 pages