Book contents
- The Law As a Conversation among Equals
- Cambridge Studies in Constitutional Law
- The Law As a Conversation among Equals
- Copyright page
- Contents
- Preface
- Acknowledgments
- 1 Constitutionalism and Democracy
- 2 The Law As Conversation among Equals
- 3 “Democratic Dissonance”
- 4 A Constitution Marked by a “Discomfort with Democracy”
- 5 Motivations and Institutions: “If Men Were Angels”
- 6 The Structural Difficulties of Representation
- 7 The Rise and Fall of Popular Control
- 8 The Periodic Vote, or “Electoral Extortion”
- 9 Checks and Balances
- 10 Presidentialism
- 11 Rights
- 12 Social Rights and the “Engine Room”
- 13 Judicial Review
- 14 Constitutional Interpretation
- 15 Constitution Making
- 16 The Birth of Dialogical Constitutionalism
- 17 Why We Care About Dialogue
- 18 “Democratic Erosion”
- 19 The New Deliberative Assemblies
- 20 Conclusion
- Bibliography
- Index
3 - “Democratic Dissonance”
Elitism Translated into Institutions
Published online by Cambridge University Press: 25 April 2022
- The Law As a Conversation among Equals
- Cambridge Studies in Constitutional Law
- The Law As a Conversation among Equals
- Copyright page
- Contents
- Preface
- Acknowledgments
- 1 Constitutionalism and Democracy
- 2 The Law As Conversation among Equals
- 3 “Democratic Dissonance”
- 4 A Constitution Marked by a “Discomfort with Democracy”
- 5 Motivations and Institutions: “If Men Were Angels”
- 6 The Structural Difficulties of Representation
- 7 The Rise and Fall of Popular Control
- 8 The Periodic Vote, or “Electoral Extortion”
- 9 Checks and Balances
- 10 Presidentialism
- 11 Rights
- 12 Social Rights and the “Engine Room”
- 13 Judicial Review
- 14 Constitutional Interpretation
- 15 Constitution Making
- 16 The Birth of Dialogical Constitutionalism
- 17 Why We Care About Dialogue
- 18 “Democratic Erosion”
- 19 The New Deliberative Assemblies
- 20 Conclusion
- Bibliography
- Index
Summary
In chapter 3, I present the concept of “democratic dissonance,” which plays a significant role in the book. By this concept, I refer to the rupture between political practices and our expectations of them, a gap produced by institutions erected on the basis of assumptions about democracy and society that can no longer be sustained. In the chapter I maintain that the conception of democracy upon which the constitutional institutions were built was “restricted” (i.e., distrust towards majority rule and citizens’ participation in politics) and that the societies of those times were politically “contained” (i.e., in terms of restrictions on political rights). In this chapter, I suggest that such institutional legacy tends to create serious political problems when same institutions are directed to govern, in our time, a completely different social base, one marked by the conviction that public policies must be in line with our fundamental political claims and that our public life must be guided by our collective decisions.
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- The Law As a Conversation among Equals , pp. 32 - 50Publisher: Cambridge University PressPrint publication year: 2022
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