It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handing them substantial powers of judicial review. This book provides a thorough analysis of those claims, introducing the theory of deliberative capacity and its implications for institutional design.
It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handing them substantial powers of judicial review. This book provides a thorough analysis of those claims, introducing the theory of deliberative capacity and its implications for institutional design.
Conrado Hübner Mendes is Professor-Doctor of Constitutional Law at the University of São Paulo (USP). He holds a PhD in legal theory at the University of Edinburgh and a PhD in political science at the University of São Paulo (USP).
Inhaltsangabe
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
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
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