Deliberative Democracy and Its Discontents

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Samantha Besson, José Luis Martí
Ashgate Publishing, Ltd., 2006 - 261 страници
Drawing on political, legal, national, post-national, as well as American and European perspectives, this collection of essays offers a diverse and balanced discussion of the current arguments concerning deliberative democracy. The essays consider the thr
 

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Съдържание

Is the Ideal of a Deliberative Democracy Coherent?
15
The Value Added by Theories of Deliberative Democracy
57
Democracy and the Real Speech Situation
75
Depoliticizing Democracy
93
Conflict and SelfInterest in Deliberation
107
Framing Public Deliberation and Democratic Legitimacy in
133
The People in Deliberative Democracy
159
Francis Cheneval
181
Institutional Reform and Democratic Legitimacy
215
Should Deliberative Democrats Defend the Judicial Enforcement
233
Index
253
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Страница 233 - That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most conduce to their own happiness, is the basis on which the whole American fabric has been erected.
Страница 233 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws rather than by those which are not fundamental.
Страница 233 - The exercise of this original right is a very great exertion; nor can it, nor ought it, to be frequently repeated. The principles, therefore, so established are deemed fundamental. And as the authority from which they proceed is supreme and can seldom act, they are designed to be permanent.

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Информация за автора (2006)

Samantha Besson is Professor of Public International Law and European Law at the University of Fribourg, Switzerland. She is currently leading an interdisciplinary research project on the legal and political theory of European integration supported by the Swiss National Science Foundation. Previously, she held a research position at Oxford University and a senior lectureship at the University of Geneva European Institute. Her publications and research interests lie in constitutional and democratic theory with a special emphasis on global justice and post-national institutional design. José Luis Martí is PhD in Political Theory and Associate Professor of Law, Pompeu Fabra University, Barcelona, Spain. He is mainly interested in theories of democracy, republicanism and theories of justice. He has published extensively on deliberative democracy and republicanism. A sample of his work may be found in L. Wintgens (ed.), 'The Theory and Practice of Legislation', published by Ashgate (2005).

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