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 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.
Roberto Gargarella is a Professor of Constitutional Law at the Universidad de Buenos Aires and a senior researcher at CONICET. He has published numerous books and articles, including, The Legal Foundations of Inequality (2010), Latin American Constitutionalism (2013); The Latin American Casebook. Courts Constitutions and Rights with J. G. Bertomeu (2016); and Constituent Assemblies with J. Elster et al (2018).
Inhaltsangabe
1. Constitutionalism and Democracy: An Institutional Problem of Structural Nature 2. The law as Conversation among Equals 3. 'Democratic Dissonance': Elitism Translated into Institutions 4. A Constitution Marked by a 'Discomfort with Democracy' 5. Motivations and Institutions: 'If Men Were Angels' 6. The Structural Difficulties of Representation 7. The Rise and Fall of Popular Control 8. The Periodic Vote, or 'Electoral Extortion' 9. Checks and Balances: Combining 'Institutional Means and Personal Motives' 10. Presidentialism: Busting the Checks and Balances 11. Rights: Citizenship As Repository of Rights 12. Social Rights and the 'Engine Room' 13. Judicial Review: 'It Seems Something of an Insult' 14. Constitutional Interpretation: When the 'interpretative Gap' Widens 15. Constitution Making: Speaking with One Voice in Multicultural Societies 16. The Birth of Dialogical Constitutionalism 17. Why We Care About Dialogue 18. 'Democratic Erosion' 19. Conclusion: For a Conversation among Equals.
1. Constitutionalism and Democracy: An Institutional Problem of Structural Nature 2. The law as Conversation among Equals 3. 'Democratic Dissonance': Elitism Translated into Institutions 4. A Constitution Marked by a 'Discomfort with Democracy' 5. Motivations and Institutions: 'If Men Were Angels' 6. The Structural Difficulties of Representation 7. The Rise and Fall of Popular Control 8. The Periodic Vote, or 'Electoral Extortion' 9. Checks and Balances: Combining 'Institutional Means and Personal Motives' 10. Presidentialism: Busting the Checks and Balances 11. Rights: Citizenship As Repository of Rights 12. Social Rights and the 'Engine Room' 13. Judicial Review: 'It Seems Something of an Insult' 14. Constitutional Interpretation: When the 'interpretative Gap' Widens 15. Constitution Making: Speaking with One Voice in Multicultural Societies 16. The Birth of Dialogical Constitutionalism 17. Why We Care About Dialogue 18. 'Democratic Erosion' 19. Conclusion: For a Conversation among Equals.
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