Book contents
- The Law As a Conversation among Equals
- Cambridge Studies in Constitutional Law
- The Law As a Conversation among Equals
- Copyright page
- Contents
- Preface
- Acknowledgments
- 1 Constitutionalism and Democracy
- 2 The Law As Conversation among Equals
- 3 “Democratic Dissonance”
- 4 A Constitution Marked by a “Discomfort with Democracy”
- 5 Motivations and Institutions: “If Men Were Angels”
- 6 The Structural Difficulties of Representation
- 7 The Rise and Fall of Popular Control
- 8 The Periodic Vote, or “Electoral Extortion”
- 9 Checks and Balances
- 10 Presidentialism
- 11 Rights
- 12 Social Rights and the “Engine Room”
- 13 Judicial Review
- 14 Constitutional Interpretation
- 15 Constitution Making
- 16 The Birth of Dialogical Constitutionalism
- 17 Why We Care About Dialogue
- 18 “Democratic Erosion”
- 19 The New Deliberative Assemblies
- 20 Conclusion
- Bibliography
- Index
15 - Constitution Making
Speaking with One Voice in Multicultural Societies
Published online by Cambridge University Press: 25 April 2022
- The Law As a Conversation among Equals
- Cambridge Studies in Constitutional Law
- The Law As a Conversation among Equals
- Copyright page
- Contents
- Preface
- Acknowledgments
- 1 Constitutionalism and Democracy
- 2 The Law As Conversation among Equals
- 3 “Democratic Dissonance”
- 4 A Constitution Marked by a “Discomfort with Democracy”
- 5 Motivations and Institutions: “If Men Were Angels”
- 6 The Structural Difficulties of Representation
- 7 The Rise and Fall of Popular Control
- 8 The Periodic Vote, or “Electoral Extortion”
- 9 Checks and Balances
- 10 Presidentialism
- 11 Rights
- 12 Social Rights and the “Engine Room”
- 13 Judicial Review
- 14 Constitutional Interpretation
- 15 Constitution Making
- 16 The Birth of Dialogical Constitutionalism
- 17 Why We Care About Dialogue
- 18 “Democratic Erosion”
- 19 The New Deliberative Assemblies
- 20 Conclusion
- Bibliography
- Index
Summary
The question that I explore in this chapter is the following: what should delegates in a constitutional assembly do, in order to properly take into consideration the demands of rival groups, which are usually present in the context of multicultural, divided societies? In my analysis, I make reference to four different responses to the fact of pluralism, which we find in the history of constitutional conventions, namely “imposition,” “synthesis,” “silence” and “bundling”.After describing these four different responses, I concentrate my attention on the analysis of the latter –“bundling”- which has been the more significant and influential approach, within the history of constitutionalism in the Americas, and also one very important in other parts of the world..
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- The Law As a Conversation among Equals , pp. 232 - 245Publisher: Cambridge University PressPrint publication year: 2022