The Law As a Conversation among Equals by Roberto Gargarella

The Law As a Conversation among Equals by Roberto Gargarella

In a time of disenchantment with democracy, massive social protests and the 'erosion' of the system of checks and balances, this book proposes to reflect upon the main problems of our constitutional democracies from a particular regulative ideal: that of the conversation among equals. It examines the structural character of the current democratic crisis, and the way in which, from its origins, constitutions were built around a 'discomfort with democracy'. In this sense, the book critically explores the creation of different restraints upon majority rule and collective debate: constitutional rights that are presented as limits to (and not, fundamentally, as a product of) democratic debate; an elitist system of judicial review; a checks and balances scheme that discourages, rather than promotes, dialogue between the different branches of power; etc. Finally, the book proposes a dignified constitutional democracy aimed at enabling fraternal conversation within the framework of a community of equals.

Roberto Gargarella is a Professor of Constitutional Law at the Universidad de Buenos Aires and a senior researcher at CONICET. He has published numerous books and articles, including, The Legal Foundations of Inequality (2010), Latin American Constitutionalism (2013); The Latin American Casebook. Courts Constitutions and Rights with J. G. Bertomeu (2016); and Constituent Assemblies with J. Elster et al (2018).

SKU	Unavailable
ISBN 13	9781009098595
ISBN 10	1009098594
Title	The Law As a Conversation among Equals
Author	Roberto Gargarella
Series	Cambridge Studies In Constitutional Law
Condition	Unavailable
Publisher	Cambridge University Press
Year published	2022-04-21
Number of pages	300
Cover note	Book picture is for illustrative purposes only, actual binding, cover or edition may vary.