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  • 1
    Online Resource
    Online Resource
    Cambridge :Cambridge University Press,
    UID:
    almafu_9960707258802883
    Format: 1 online resource (xviii, 342 pages) : , digital, PDF file(s).
    ISBN: 1-009-11572-3 , 1-009-11592-8 , 1-009-10568-X
    Series Statement: Cambridge studies in constitutional law
    Content: 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.
    Note: Title from publisher's bibliographic system (viewed on 07 Apr 2022). , Constitutionalism and democracy : an institutional problem of structural nature -- The law as conversation among equals -- "Democratic dissonance" : elitism translated into institutions -- A constitution marked by a "discomfort with democracy" -- Motivations and institutions : "if men were angels" -- The structural difficulties of representation -- The rise and fall of popular control -- The periodic vote, or "electoral extortion" -- Checks and balances : combining "institutional means and personal motives" -- Presidentialism : busting the checks and balances -- Rights : citizenship as repository of rights -- Social rights and the "engine room" -- Judicial review : "it seems something of an insult" -- Constitutional interpretation : when the "interpretative gap" widens -- Constitution making : speaking with one voice in multicultural societies -- The birth of dialogical constitutionalism -- Why we care about dialogue -- "Democratic erosion" -- Conclusion : for a conversation among equals. , Archivo digital de acceso on line. Requiere autenticación para su lectura y descarga.
    Additional Edition: Print version: Gargarella, Roberto The Law As a Conversation among Equals Cambridge : Cambridge University Press,c2022 ISBN 9781009098595
    Language: English
    URL: Volltext  (lizenzpflichtig)
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
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  • 2
    UID:
    gbv_1784508551
    Format: xviii, 342 Seiten
    ISBN: 9781009098595 , 9781009102063
    Series Statement: Cambridge studies in constitutional law
    Additional Edition: ISBN 9781009105682
    Additional Edition: Erscheint auch als Online-Ausgabe Gargarella, Roberto, 1964 - The law as a conversation among equals Cambridge, United Kingdom : Cambridge University Press, 2022 ISBN 9781009105682
    Language: English
    Keywords: Demokratie ; Verfassungsrecht ; Widerstandsrecht
    Author information: Gargarella, Roberto 1964-
    Library Location Call Number Volume/Issue/Year Availability
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  • 3
    Online Resource
    Online Resource
    Cambridge :Cambridge University Press,
    UID:
    almahu_9949314994402882
    Format: 1 online resource (xviii, 342 pages) : , digital, PDF file(s).
    ISBN: 9781009105682 (ebook)
    Series Statement: Cambridge studies in constitutional law
    Content: 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.
    Note: Title from publisher's bibliographic system (viewed on 07 Apr 2022). , Constitutionalism and democracy : an institutional problem of structural nature -- The law as conversation among equals -- "Democratic dissonance" : elitism translated into institutions -- A constitution marked by a "discomfort with democracy" -- Motivations and institutions : "if men were angels" -- The structural difficulties of representation -- The rise and fall of popular control -- The periodic vote, or "electoral extortion" -- Checks and balances : combining "institutional means and personal motives" -- Presidentialism : busting the checks and balances -- Rights : citizenship as repository of rights -- Social rights and the "engine room" -- Judicial review : "it seems something of an insult" -- Constitutional interpretation : when the "interpretative gap" widens -- Constitution making : speaking with one voice in multicultural societies -- The birth of dialogical constitutionalism -- Why we care about dialogue -- "Democratic erosion" -- Conclusion : for a conversation among equals.
    Additional Edition: Print version: ISBN 9781009098595
    Language: English
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
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