The Cambridge Handbook of Deliberative Constitutionalism

A comprehensive collection exploring the theoretical and practical connections between constitutionalism and deliberative democracy.

Ron Levy (Edited by), Hoi Kong (Edited by), Graeme Orr (Edited by), Jeff King (Edited by)

9781108418201, Cambridge University Press

Hardback, published 19 April 2018

394 pages
26 x 18.5 x 2.4 cm, 0.88 kg

'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, California, and author of Democracy When the People Are Thinking

Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.

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.

Subject Areas: Constitutional & administrative law [LND], Jurisprudence & philosophy of law [LAB], Law [L], Political science & theory [JPA]