The Coming of Age of Deliberative Constitutionalism

被引:1
作者
Giuffre, C. Ignacio [1 ]
机构
[1] Pompeu Fabra Univ, Barcelona, Spain
关键词
Deliberative democracy; Deliberative constitutionalism; Judicial review; Constitutional dialogue; Counter-majoritarian difficulty; SUPREME-COURT; NOTWITHSTANDING CLAUSE; DIALOGUE; RIGHTS; FORMS; WEAK; LAW; DEMOCRACY; FOREWORD; LIMITS;
D O I
10.1017/cjlj.2024.14
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
In a 1998 article, Bohman argued that the contemporary deliberative turn in democratic theory had reached its 'coming of age', as deliberative democrats began to show greater interest in the institutionalization of their proposal. Moreover, Bohman referred to this growing interest with an expression that was unprecedented at the time: 'deliberative constitutionalism'. At present, deliberative constitutionalism has become one of the most original and relevant contemporary proposals. In this context, my article proceeds as follows. I begin by arguing that the contemporary deliberative turn in democratic theory also gave rise to a deliberative turn in constitutionalism-that is, a trend aimed at orienting constitutionalism and judicial review towards democratic deliberation. Next, I argue that, at that embryonic yet promising stage, deliberative constitutionalism had shortcomings that hindered the aim assumed since its origins. Finally, I argue that, over recent decades, these shortcomings have been finessed, which shows that deliberative constitutionalism has also reached its coming of age.
引用
收藏
页码:397 / 426
页数:30
相关论文
共 131 条
[1]  
Ackerman B., 2004, DELIBERATION DAY
[2]  
ACKERMAN Bruce., 1991, Fundamentos y alcances del control judicial de constitucionalidad, P15
[3]  
Ackerman Bruce, 1991, WE PEOPLE FDN, P7
[4]  
Ackerman Bruce., 1981, SOCIAL JUSTICE LIBER
[5]   Balancing, constitutional review, and representation [J].
Alexy, R .
ICON-INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW, 2005, 3 (04) :572-581
[6]  
[Anonymous], 2007, Policy Options
[7]  
[Anonymous], 2006, Charter of Human Rights and Responsibilities Act
[8]  
[Anonymous], 2004, The Human Rights Act
[9]  
[Anonymous], 1992, GLOBE MAIL 0417, pA11
[10]  
[Anonymous], 1998, Human Rights Act