Constitutional Courts and Deliberative Democracy

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

List of contents

• Introduction


• 1: Political deliberation and collective decision-making


• 2: Political deliberation and legal decision-making


• 3: Political deliberation and constitutional scrutiny


• 4: Deliberative performance of constitutional courts


• 5: The ethics of political deliberation


• 6: Institutional design: augmenting deliberative potential


• 7: The legal backdrop of constitutional scrutiny


• 8: The political circumstances of constitutional scrutiny


• 9: No heroic court, no heroic judges

About the author

Conrado Hübner Mendes is Professor-Doctor of Constitutional Law at the University of São Paulo (USP). He holds a PhD in legal theory at the University of Edinburgh and a PhD in political science at the University of São Paulo (USP).

Summary

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

Foreword

Winner of 2014 Brazilian Political Science Association's Victor Nunes Leal Prize

Product details

• Authors: Conrado Mendes, Conrado H^D"ubner Mendes, Conrado Hubner Mendes, Conrado Hübner Mendes, Conrado Hubner (Professor-Doctor of Consti Mendes, Conrado Hubner (Professor-Doctor of Constitutional Law Mendes
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 19.12.2013
• EAN: 9780199670451
• ISBN: 978-0-19-967045-1
• No. of pages: 260
• Series: Oxford Constitutional Theory; Oxford Constitutional Theory
• Subjects: Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; POLITICAL SCIENCE / Constitutions, LAW / Courts, LAW / Constitutional, LAW / Trial Practice, Constitution: government & the state, Constitution: government and the state, Legal systems: courts and procedures, Judicial Review, Constitutional and administrative law: general, Parliamentary and legislative practice, Parliamentary & Legislative Practice