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The Constitution of Deliberative Democracy

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Assuming that constitutionalism requires a democratic process, respect for individual rights, and the preservation of an established legal practice as first articulated by the historical constitution. In this important and wide-ranging book, a leading political theorist and activist considers the question: What justifies democracy? Carlos Santiago Nino critically examines answers others have given and then develops his own distinctive theory of democracy, emphasizing its deliberative character. In Nino's view, democracy resembles a moral conversation and is valued because of its capacity to generate an impartial perspective, one that takes into account the interests of all citizens.
Nino's conception of deliberative democracy bears on the way power is organized under a constitution. Drawing on a variety of constitutional traditions, he criticizes the presidential system and calls for citizens to participate more directly in the political life of their country. He also envisions a revitalized role for political parties. Nino shows how deliberative democracy can be combined with, and supported by, other constitutional practices, such as the specific wording of the text and the protection of individual rights. The complex constitution that emerges from his analysis consists of a historical constitution, an ideal constitution of rights, and an ideal constitution of power. Nino's goal is to explain how these three dimensions of constitutionalism can reinforce rather than conflict with each other. In a final chapter, he argues that the deliberative conception of democracy requires a more limited role for judicial review than is usually contemplated.

What justifies democracy? Carlos Santiago Nino here answers this question with an original theory of democracy that emphasizes its deliberative character. Nino sees democracy as a moral conversation, of value for its capacity to generate an impartial perspective and take into account the interests of all citizens. In a wide-ranging analysis, Nino explores the complex ways constitutional practices can support a deliberative democracy.

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Availability

KP XXI.000244

KP XXI NIN d

My Library

Available

Detail Information

Series Title

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Call Number

KP XXI NIN d

Publisher

New Haven : Yale University Press., 1996

Collation

251p. ; 23cm.

Language

English

ISBN/ISSN

9780300077278

Classification

KP XXI

Content Type

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Media Type

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Carrier Type

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Edition

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Subject(s)

Demokrasi
Hak sipil
wakil pemerintah dan representasi

Specific Detail Info

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Statement of Responsibility

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