The Law As a Conversation among Equals

This book explores the main problems of constitutional democracies from a regulative ideal of conversation among equals, examining the structural character of the current democratic crisis and proposing a dignified constitutional democracy aimed at enabling fraternal conversation within a community of equals.

Format: Hardback
Length: 300 pages
Publication date: 21 April 2022
Publisher: Cambridge University Press

In the midst of disillusionment with democracy, widespread social protests, and the diminishing effectiveness of the system of checks and balances, this book aims to delve into the core challenges facing constitutional democracies. It proposes to reflect upon these issues from a specific regulative ideal: that of a conversation among equals. The book undertakes a critical examination of the structural nature of the current democratic crisis, exploring how constitutions, from their inception, have been constructed around a discomfort with democracy. It delves into the creation of various restraints upon majority rule and collective debate, including constitutional rights that are presented as limits to, rather than a product of, democratic discourse; an elitist system of judicial review; a checks and balances scheme that discourages rather than promotes dialogue between the different branches of power; and more.

Ultimately, the book proposes a dignified constitutional democracy aimed at fostering fraternal conversation within the framework of a community of equals. By examining the underlying issues and proposing alternative approaches, this book seeks to contribute to the ongoing dialogue about the future of democratic governance and the pursuit of a more inclusive and equitable society.

Weight: 653g
ISBN-13: 9781009098595