Legislative Deliberative Democracy: Debating Acts Restricting Freedom of Speech during War

Avichai Levit's book "Legislative Deliberative Democracy" explores the democratic legitimacy of laws that restrict freedom of speech during war, arguing that the degree of legitimacy depends on the extent of legislature deliberation. Using the US as a case study, Levit examines Congressional deliberation during World War I, II, and the Cold War and the political histories that brought about such laws. The book is of interest to academics and students in political theory, American politics, and political history.

Format: Paperback / softback
Length: 256 pages
Publication date: 30 May 2022
Publisher: Taylor & Francis Ltd

Freedom of speech is a fundamental right in a democracy, yet national legislatures often enact laws during times of war that restrict this essential liberty. The question arises: under what circumstances can such laws be considered democratically legitimate?

Avichai Levit, in his book "Legislative Deliberative Democracy," argues that the degree of democratic legitimacy of laws that restrict freedom of speech during war depends on the extent of legislature deliberation on such laws. The more law makers in both chambers of the legislature engage in thorough information gathering, thoughtful reasoning, and seeking to persuade and decide upon the best legislative outcome, both in committees and on the floor, the greater the democratic legitimacy can be attributed to such laws.

This book fills a significant gap in the scholarly literature regarding the evaluation of the democratic legitimacy of laws that restrict freedom of speech during war. By bridging different theoretical perspectives and presenting an alternative normative account of deliberative democracy, Levit offers an insightful exploration of the deliberations of national legislatures. Through the case study of the United States, he delves into the details of Congressional deliberation during World War I, World War II, and the Cold War, as well as the political histories that led to the enactment of such laws.

"Legislative Deliberative Democracy" will be of interest to academics and students alike in the fields of political theory, American politics, and political history. It provides valuable insights into the complex dynamics between freedom of speech, democracy, and the circumstances under which laws restricting this right can be deemed democratically legitimate.

Dimension: 229 x 152 (mm)
ISBN-13: 9780367607982