Reference : The interplay of deliberative legitimacy, constituent power and constitutional form
Scientific congresses, symposiums and conference proceedings : Unpublished conference
Arts & humanities : Philosophy & ethics
http://hdl.handle.net/10993/41558
The interplay of deliberative legitimacy, constituent power and constitutional form
English
Burks, Deven mailto [University of Luxembourg > Faculty of Language and Literature, Humanities, Arts and Education (FLSHASE) > Identités, Politiques, Sociétés, Espaces (IPSE) >]
21-May-2019
No
International
ConstDelib “Deliberative democracy and political parties” Workshop
from 20/05/2019 to 21/05/2019
University of Bologna
Bologna
Italy
[en] legitimacy ; deliberative democracy ; constitutionalism
[en] Enhanced legitimacy is a driving force behind deliberative innovations (Fung 2015, Curato and Böker 2016). This is no less the case for constitutional deliberative innovations. Assessing deliberative constitutionalism’s success in generating legitimacy necessitates a better grasp of the distinct legitimacy standards which constitutional deliberative innovations may meet. Bound up with those standards is deliberative constitutionalism’s attempt to navigate the tension between politics and law, constituent power (CP) and constituted form (CF). How do factors of deliberative legitimacy interact with standard ways of modelling that tension?

To answer this question, I proceed in three parts, the first of which maps ten factors of deliberative legitimacy at four levels: personal, interpersonal, institutional, and systemic. The second lays out four ways of modelling the tension between CP and CF from Loughlin and Walker (2007): the containment, mutual articulation, radical potential, and irritant models. The last part sets out to determine whether the four models directly or indirectly support or neglect the realization of the forms of deliberative legitimacy and casts in a different light from Parkinson (2016) the landscape of deliberative democracy and constitutions. I conclude that certain forms of deliberative legitimacy may be more sensitive to and better served by some models of CP and CF than by others.
http://hdl.handle.net/10993/41558

There is no file associated with this reference.

Bookmark and Share SFX Query

All documents in ORBilu are protected by a user license.