The Law of Deliberative Democracy: Seeding the Field

Levy, Ron

doi:10.1089/elj.2013.1242

Cited by 5 publications

References 22 publications

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Deliberative and Epistemic Approaches to Democracy

Poblet

Casanovas

Rodrı́guez-Doncel

2019

SpringerBriefs in Law

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Deliberative and epistemic approaches to democracy are two important dimensions of contemporary democratic theory. This chapter studies these dimensions in the emerging ecosystem of civic and political participation tools, and appraises their collective value in a new distinct concept: linked democracy. Linked democracy is the distributed, technology-supported collective decision-making process, where data, information and knowledge are connected and shared by citizens online. Innovation and learning are two key elements of Athenian democracies which can be facilitated by the new digital technologies, and a cross-disciplinary research involving computational scientists and democratic theorists can lead to new theoretical insights of democracy.

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Deliberative and Epistemic Approaches to Democracy

Poblet

Casanovas

Rodrı́guez-Doncel

2019

SpringerBriefs in Law

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The Legal Construction of Power in Deliberative Governance

Castro¹

2020

Law Soc. Inq.

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Deliberative democracy has grown into an influential normative paradigm for political theory and reform programs alike, but doubts persist about its desirability in a world where strategic action and inequality are prevalent. This problem has spurred efforts to understand the empirical dynamics of power relations in institutionalized participation. This article argues that sociolegal scholarship has yet to join this turn to power but that doing so can help it to specify law’s causal and normative relevance in deliberative governance. This is because the legal environment within which actors interact affects causal mechanisms by distributing opportunities for the exercise of power between potential participants, actual participants, and participants and government. The utility of a power-distributional perspective is illustrated through a study of São Paulo’s health councils, one of the world’s largest experiments in deliberative governance. The study demonstrates that the councils’ trajectory and current functioning—including some of their normatively problematic aspects—cannot be understood without reference to legal arrangements. This article is meant as a building block for sociolegal scholarship to continue investigating deliberation.

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Sovereignty and Direct Democracy: Lessons from Constant and the Belgian Constitution

Geenens¹,

Sottiaux²

2015

European Constitutional Law Review

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Interpretations of sovereignty in the Belgian Constitution – The ‘national sovereignty’ interpretation – Dismantling the myth of the consensual understanding of sovereignty in the Belgian Constitution – Benjamin Constant’s understanding of sovereignty – Influence of the paradigm of French post-Revolutionary political liberalism -- Implications of the ‘Constantian’ interpretation with regard to more direct modes of citizen participation – Arguments for reconsidering the settled case-law of the Council of State regarding the unconstitutionality of referendums

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The Law of Deliberative Democracy: Seeding the Field

Cited by 5 publications

References 22 publications

Deliberative and Epistemic Approaches to Democracy

Deliberative and Epistemic Approaches to Democracy

The Legal Construction of Power in Deliberative Governance

Sovereignty and Direct Democracy: Lessons from Constant and the Belgian Constitution

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