Cambridge Studies in Constitutional Law #: The Law As a Conversation among Equals

Cambridge Studies in Constitutional Law #: The Law As a Conversation among Equals
Roberto Gargarella
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NZ$ 173.95
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NZ$ 156.56
Hardback
Not defined - 300pg
21 Apr 2022 UK
International import eta 7-19 days
9781009098595
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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.
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).

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