Constitutional courts and deliberative democracy

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It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handling them substantial powers of judicial review. This title provides a thorough analysis of those claims, introducing the theory of deliberative capacity and its implications for institutional design.

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Title Statements

Full title :Constitutional courts and deliberative democracy / Conrado Hübner Mendes.

Summary

Edition Statements

Publication Date:©2013
Edition:First edition

Publication Statements

Publisher(s):Oxford University Press
Place of Publication:New York, New York
Language:eng
Publication Date:©2013

The Physical Object

Description:1 online resource (274 pages)

Edition Identifiers

ISBN:9780191650161, 0191650161
oclc:ocn874147936
LC Classification:K3370
Dewey Decimal:347.035

""Cover""; ""Constitutional Courts and Deliberative Democracy""; ""Copyright""; ""Dedication""; ""Acknowledgements""; ""Contents""; ""Introduction ""; ""THE IMAGERY OF CONSTITUTIONAL COURTS""; ""A METHODOLOGICAL VANTAGE POINT: GAINS AND LOSSES OF MIDDLE-LEVEL ABSTRACTION""; ""A ROADMAP OF THE ARGUMENT""; ""1. Political Deliberation and Collective Decision-making ""; ""1 INTRODUCTION ""; ""2 THE CONCEPTUAL FRAME OF POLITICAL DELIBERATION ""

""3 VALUES OF POLITICAL DELIBERATION """"4 PROMISES AND PERILS OF POLITICAL DELIBERATION ""; ""5 CIRCUMSTANCES OF POLITICAL DELIBERATION ""; ""6 SITES OF POLITICAL DELIBERATION ""; ""7 TAKING STOCK: THE REALISTIC ASPIRATIONS OF DELIBERATIVE PERFORMANCE ""

""2. Political Deliberation and Legal Decision-making """"1 INTRODUCTION ""; ""2 DELIBERATION AND ADJUDICATION: POLITICIZING LAW? ""; ""3 BETWEEN MONOCRATIC AND COLLEGIATE ADJUDICATION ""; ""4 CONCLUSION ""; ""3. Political Deliberation and Constitutional Review ""; ""1 INTRODUCTION ""

""2 THE SINGULARITY OF CONSTITUTIONAL SCRUTINY """"3 THE CONCEPTION OF CONSTITUTIONAL COURTS AS DELIBERATIVE INSTITUTIONS ""; ""4 CONCLUSION ""; ""4. Deliberative Performance of Constitutional Courts ""; ""1 IN…

Subjects

Constitutional courts Contrôle juridictionnel des lois Cours constitutionnelles Judicial process Judicial review Processus judiciaire review (function)