The Law As a Conversation among Equals

This book explores the main problems of constitutional democracies from a regulative ideal of conversation among equals, examining the structural character of the current democratic crisis and proposing a dignified constitutional democracy aimed at enabling fraternal conversation within a community of equals.

Format: Paperback / softback
Length: 360 pages
Publication date: 16 November 2023
Publisher: Cambridge University Press

In the midst of disillusionment with democracy, widespread social protests, and the diminishing effectiveness of the system of checks and balances, this book aims to delve into the core challenges facing constitutional democracies. It proposes to reflect upon these issues from a specific regulative ideal: the notion of a conversation among equals. The book undertakes a critical examination of the structural nature of the current democratic crisis, exploring how constitutions, from their inception, have been constructed around a discomfort with democracy.

Within this framework, the book critically examines the establishment of various constraints on majority rule and collective debate. It delves into constitutional rights that are often portrayed as limits to, rather than a product of, democratic discourse. It also explores the elitist system of judicial review, which tends to hinder rather than foster dialogue between the different branches of power. Additionally, the book critiques the checks and balances scheme, which discourages rather than promotes meaningful interaction between these branches.

Ultimately, the book proposes a dignified constitutional democracy aimed at fostering fraternal conversation within the framework of a community of equals. It seeks to address the prevailing disillusionment and revitalize democratic institutions by promoting a more inclusive and robust dialogue among citizens. Through this exploration, the book aims to contribute to the ongoing debate about the future of constitutional democracies and offer insights into the necessary reforms to ensure their sustainability and resilience in the face of contemporary challenges.

ISBN-13: 9781009102063