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Vol 21 No 11 Nov/Dec 2016

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Constitutional Referendums: The Theory and Practice of Republican Deliberation


ISBN13: 9780198713968
Published: February 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2012)
Price: £26.49
Hardback edition , ISBN13 9780199592791



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The use of referendums around the world has grown remarkably in the past thirty years and, in particular, referendums are today deployed more than ever in the settlement of constitutional questions, even in countries with little or no tradition of direct democracy.

This is the first book by a constitutional theorist to address the implications of this development for constitutional democracy in a globalizing age, when many of the older certainties surrounding sovereignty and constitutional authority are coming under scrutiny.

The book identifies four substantive constitutional processes where the referendum is regularly used today: the founding of new states; the creation or amendment of constitutions; the establishment of complex new models of sub-state autonomy, particularly in multinational states; and the transfer of sovereign powers from European states to the European Union.

The book, as a study in constitutional theory, addresses the challenges this phenomenon poses not only for particular constitutional orders, which are typically structured around a representative model of democracy, but for constitutional theory more broadly. The main theoretical focus of the book is the relationship between the referendum and democracy.

It addresses the standard criticisms which the referendum is subjected to by democratic theorists and deploys both civic republican theory and the recent turn in deliberative democracy to ask whether by good process-design the constitutional referendum is capable of facilitating the engagement of citizens in deliberative acts of constitution-making.

With the referendum firmly established as a fixture of contemporary constitutionalism, the book addresses the key question for constitutional theorists and practitioners of how might its operation be made more democratic in age of constitutional transformation.

Subjects:
Constitutional and Administrative Law
Contents:
1. Introduction
2. Beyond Representation: Constitutional Referendums and Deliberative Democracy
3. Framing 'the People': Constitutional Referendums and the Demos Question
4. Elite Control and the Referendum Process
5. Control and Constitutional Referendums: Internal Sovereignty
6. Control and Constitutional Referendums: External Influences
7. Participation in Constitutional Referendums
8. Framing the Substantive Issue in Constitutional Referendums
9. Referendums and Constitutional Decision-Making
10. Conclusions

Series: Oxford Constitutional Theory

Constitutionalism: Past, Present, and Future ISBN 9780198766124
Published September 2016
Oxford University Press
£60.00
Popular Sovereignty in Early Modern Constitutional Thought ISBN 9780198745167
Published February 2016
Oxford University Press
£60.00
Constitutional Courts and Deliberative Democracy ISBN 9780198759454
Published October 2015
Oxford University Press
£24.99
The Structure of Pluralism: On the Authority of Associations (eBook) ISBN 9780191655661
Published March 2014
Oxford University Press
£41.67 + £8.33 VAT
(ePub)
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The Structure of Pluralism: On the Authority of Associations ISBN 9780199673889
Published March 2014
Oxford University Press
£53.00
Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780198713951
Published January 2014
Oxford University Press
£26.49
Constitutional Courts and Deliberative Democracy (eBook) ISBN 9780191650178
Published December 2013
Oxford University Press
£41.67 + £8.33 VAT
(ePub)
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Constitutional Courts and Deliberative Democracy ISBN 9780199670451
Published December 2013
Oxford University Press
£53.00
Fault Lines of Globalization: Legal Order and the Politics of A-Legality ISBN 9780199601684
Published October 2013
Oxford University Press
£53.00
The Cosmopolitan State ISBN 9780199682423
Published May 2013
Oxford University Press
£56.00
The Cosmopolitan State (eBook) ISBN 9780191504983
Published May 2013
Oxford University Press
£46.67 + £9.33 VAT
(ePub)
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The Constitutional State ISBN 9780199659937
Published September 2012
Oxford University Press
£30.49
The Constitutional State (eBook) ISBN 9780191637254
Published September 2012
Oxford University Press
£24.16 + £4.83 VAT
(ePub)
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Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199659968
Published September 2012
Oxford University Press
£30.49
£20.82 + £4.16 VAT
(ePub)
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Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780199592791
Published April 2012
Oxford University Press
£61.00
Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780199644674
Published February 2012
Oxford University Press
£56.00
Constitutional Fragments: Societal Constitutionalism and Globalization (eBook) ISBN 9780191629341
Published February 2012
Oxford University Press
£20.82 + £4.16 VAT
(ePub)
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Twilight of Constitutionalism? ISBN 9780199651993
Published January 2012
Oxford University Press
£30.49
Sovereignty's Promise: The State as Fiduciary (eBook) ISBN 9780191630217
Published December 2011
Oxford University Press
£45.83 + £9.17 VAT
(ePub)
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Sovereignty's Promise: The State as Fiduciary ISBN 9780199698318
Published December 2011
Oxford University Press
£58.00
The Constitutional State ISBN 9780199585014
Published December 2010
Oxford University Press
£59.00
Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199228317
Published October 2010
Oxford University Press
£59.00
Twilight of Constitutionalism? (eBook) ISBN 9780191633669
Published February 2010
Oxford University Press
£24.16 + £4.83 VAT
(ePub)
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Twilight of Constitutionalism? ISBN 9780199585007
Published February 2010
Oxford University Press
£70.00