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Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.
Deliberative democracy is a dominant paradigm in normative political philosophy. Deliberative democrats want politics to be more than a clash of contending interests, and they believe political decisions should emerge from reasoned dialogue among citizens. But can these ideals be realized in complex and unjust societies? This book brings together leading scholars who explore debates in deliberative democratic theory in four areas of practice: education, constitutions and state boundaries, indigenous-settler relations, and citizen participation and public consultation. This dynamic volume casts new light on the strengths and limitations of deliberative democratic theory, offering guidance to policy makers and to students and scholars interested in democratic justice.
This volume assesses the strengths and weaknesses of deliberative democracy.
Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.
Growing numbers of scholars, practitioners, politicians, and citizens recognize the value of deliberative civic engagement processes that enable citizens and governments to come together in public spaces and engage in constructive dialogue, informed discussion, and decisive deliberation. This book seeks to fill a gap in empirical studies in deliberative democracy by studying the assembly of the Australian Citizens’ Parliament (ACP), which took place in Canberra on February 6–8, 2009. The ACP addressed the question “How can the Australian political system be strengthened to serve us better?” The ACP’s Canberra assembly is the first large-scale, face-to-face deliberative project to be completely audio-recorded and transcribed, enabling an unprecedented level of qualitative and quantitative assessment of participants’ actual spoken discourse. Each chapter reports on different research questions for different purposes to benefit different audiences. Combined, they exhibit how diverse modes of research focused on a single event can enhance both theoretical and practical knowledge about deliberative democracy.
A major new statement of deliberative theory that shows how states, even transnational systems, can be deliberatively democratic.
Deliberative democracy has been one of the main games in contemporary political theory for two decades, growing enormously in size and importance in political science and many other disciplines. The Oxford Handbook of Deliberative Democracy takes stock of deliberative democracy as a research field, in philosophy, in various research programmes in the social sciences and law, and in political practice around the globe. It provides a concise history of deliberative ideals in political thought and discusses their philosophical origins. The Handbook locates deliberation in political systems with different spaces, publics, and venues, including parliaments, courts, governance networks, protests, mini-publics, old and new media, and everyday talk. It engages with practical applications, mapping deliberation as a reform movement and as a device for conflict resolution, documenting the practice and study of deliberative democracy around the world and in global governance.
This book defends the value of democratic participation. It aims to improve citizens' democratic control and vindicate the value of citizens' participation against conceptions that threaten to undermine it.
Deliberative democracy – whereby people debate competing ideas before agreeing upon political action – must surely rest on its capacity to include all points of view. But how does this inclusive framework engage with activism that occurs outside of, and in opposition to, deliberative systems themselves? Activism, Inclusion, and the Challenges of Deliberative Democracy challenges the inherent contradiction of a framework that includes activism but doesn’t require sustained exchange with activists, instead measuring the value of their efforts in terms of broader deliberative democratic outcomes. Through the examples of ACT UP, Black Lives Matter, and other contemporary activism, Anna Drake explores the systemic oppression that prevents activists from participating in deliberative systems as equals. This nuanced study concludes that deliberative democrats must address activism on its own terms, external to and separate from deliberative systems that are shaped by injustices. Only then can activism’s distinct democratic contribution be taken seriously.
Deliberative democracy is an embattled political project. It is accused of political naiveté for it only talks about power without taking power. Others, meanwhile, take issue with deliberative democracy’s dominance in the field of democratic theory and practice. An industry of consultants, facilitators, and experts of deliberative forums has grown over the past decades, suggesting that the field has benefited from a broken political system. This book is inspired by these accusations. It argues that deliberative democracy’s tense relationship with power is not a pathology but constitutive of deliberative practice. Deliberative democracy gains relevance when it navigates complex relations of power in modern societies, learns from its mistakes, remains epistemically humble but not politically meek. These arguments are situated in three facets of deliberative democracy—norms, forums, and systems—and concludes by applying these ideas to three of the most pressing issues in contemporary times—post-truth politics, populism, and illiberalism.