The Law of Deliberative Democracy

Ron Levy, Graeme Orr (University of Queensland, Australia)

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English

Routledge
24 January 2018

Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals.

Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.

By: Ron Levy, Graeme Orr (University of Queensland, Australia)
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 453g
ISBN: 9781138481886
ISBN 10: 1138481882
Pages: 239
Publication Date: 24 January 2018
Audience: College/higher education , Professional and scholarly , Further / Higher Education , Undergraduate
Format: Paperback
Publisher's Status: Active

Ron Levy is a Senior Lecturer at the Australian National University, Australia. Graeme Orr is a Professor of Law at the University of Queensland, Australia.

Reviews for The Law of Deliberative Democracy

Anyone who cares about democracy should also care about the ways law can promote, impede, or regulate public deliberation. The Law of Deliberative Democracy is a masterful treatment of the ways in whichã lawyers and deliberative democrats can learn from each other in thinking about these key issues. As such it is essential reading for those concerned with the legal and democratic underpinnings of the quality of governance in contemporary societies. Professor John Dryzek Ultimately, however, the arguments made throughout the book are persuasive. The authors go to lengths to iterate and reiterate their arguments in engaging ways, and readers who seek to engage with the complexity of the key claims - and others interested in how law and democracy interact - should read this book. Jonathan W. Kuyper, University of Oslo, Global Policy Journal