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Vol 22 No 3 March/April 2017

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Simon Mortimore
Price: £225.00

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Constitutional Courts and Deliberative Democracy


ISBN13: 9780198759454
Published: October 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2013)
Price: £24.99
Hardback edition , ISBN13 9780199670451



Low stock.

Contemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. The best institutional translation of a 'government of the people, by the people and for the people' is usually expressed through elections and electoral representation in parliaments.

Judicial review of legislation has been challenged as bypassing that common sense conception of democratic rule. The alleged 'democratic deficit' behind what courts are legally empowered to do has been met with a variety of justifications in favour of judicial review. One common justification claims that constitutional courts are, in comparison to elected parliaments, much better suited for impartial deliberation and public reason-giving. Fundamental rights would thus be better protected by that insulated mode of decision-making. This justification has remained largely superficial and, sometimes, too easily embraced.

This book analyses the argument that the legitimacy of courts arises from their deliberative capacity. It examines the theory of political deliberation and its implications for institutional design. Against this background, it turns to constitutional review and asks whether an argument can be made in support of judicial power on the basis of deliberative theory.

Subjects:
Constitutional and Administrative Law
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

Series: Oxford Constitutional Theory

Unconstitutional Constitutional Amendments: The Limits of Amendment Powers ISBN 9780198768791
Published February 2017
Oxford University Press
£60.00
Constitutional and Political Theory: Selected Writings ISBN 9780198714965
Published January 2017
Oxford University Press
£70.00
The Cosmopolitan Constitution ISBN 9780198797944
Published October 2016
Oxford University Press
£24.99
Constitutionalism: Past, Present, and Future ISBN 9780198766124
Published September 2016
Oxford University Press
£60.00
Europe's Functional Constitution: A Theory of Constitutionalism Beyond the State ISBN 9780198759072
Published April 2016
Oxford University Press
£60.00
Post Sovereign Constitutional Making: Learning and Legitimacy ISBN 9780198755982
Published March 2016
Oxford University Press
£60.00
Popular Sovereignty in Early Modern Constitutional Thought ISBN 9780198745167
Published February 2016
Oxford University Press
£60.00
The Cultural Defense of Nations: A Liberal Theory of Majority Rights (eBook) ISBN 9780191646447
Published November 2015
Oxford University Press
£41.67 + £8.33 VAT
(ePub)
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The Cultural Defense of Nations: A Liberal Theory of Majority Rights ISBN 9780199668687
Published November 2015
Oxford University Press
£50.00
The Three Branches: A Comparative Model of Separation of Powers ISBN 9780198738084
Published March 2015
Oxford University Press
£24.99
The Global Model of Constitutional Rights ISBN 9780198738077
Published January 2015
Oxford University Press
£24.99
Constituting Economic and Social Rights ISBN 9780198727897
Published October 2014
Oxford University Press
£24.99
The Cosmopolitan Constitution ISBN 9780199651535
Published July 2014
Oxford University Press
£50.00
The Cosmopolitan Constitution (eBook) ISBN 9780191030925
Published July 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
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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Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780198713968
Published February 2014
Oxford University Press
£26.49
Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780198713951
Published January 2014
Oxford University Press
£26.49
Constitutional Courts and Deliberative Democracy ISBN 9780199670451
Published December 2013
Oxford University Press
£53.00
Constitutional Courts and Deliberative Democracy (eBook) ISBN 9780191650178
Published December 2013
Oxford University Press
£41.67 + £8.33 VAT
(ePub)
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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 (eBook) ISBN 9780191504983
Published May 2013
Oxford University Press
£46.67 + £9.33 VAT
(ePub)
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The Cosmopolitan State ISBN 9780199682423
Published May 2013
Oxford University Press
£56.00
After Public Law ISBN 9780199669318
Published May 2013
Oxford University Press
£56.00
The Three Branches: A Comparative Model of Separation of Powers (eBook) ISBN 9780191651618
Published March 2013
Oxford University Press
£20.82 + £4.16 VAT
(ePub)
Buy
The Three Branches: A Comparative Model of Separation of Powers ISBN 9780199602117
Published March 2013
Oxford University Press
£56.00
The Global Model of Constitutional Rights (eBook) ISBN 9780191642180
Published October 2012
Oxford University Press
£20.82 + £4.16 VAT
(ePub)
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The Global Model of Constitutional Rights ISBN 9780199664603
Published October 2012
Oxford University Press
£61.00
The Constitutional State (eBook) ISBN 9780191637254
Published September 2012
Oxford University Press
£24.16 + £4.83 VAT
(ePub)
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The Constitutional State ISBN 9780199659937
Published September 2012
Oxford University Press
£30.49
Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199659968
Published September 2012
Oxford University Press
£30.49
Constituting Economic and Social Rights (eBook) ISBN 9780191639746
Published August 2012
Oxford University Press
£20.82 + £4.16 VAT
(ePub)
Buy
Constituting Economic and Social Rights ISBN 9780199641932
Published August 2012
Oxford University Press
£61.00
Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780199592791
Published April 2012
Oxford University Press
£61.00
£20.82 + £4.16 VAT
(ePub)
Buy
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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Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780199644674
Published February 2012
Oxford University Press
£56.00
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? ISBN 9780199585007
Published February 2010
Oxford University Press
£70.00
Twilight of Constitutionalism? (eBook) ISBN 9780191633669
Published February 2010
Oxford University Press
£24.16 + £4.83 VAT
(ePub)
Buy