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Constitutional Courts and Deliberative Democracy


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Table of Contents

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

About the Author

Conrado Hubner Mendes is Professor-Doctor of Constitutional Law at the University of Sao Paulo (USP). He holds a PhD in legal theory at the University of Edinburgh and a PhD in political science at the University of Sao Paulo (USP).


`"The strength of the book is in its detailed examination of what still largely remains at least from the perspective of deliberative theory a black box: the internal processes of constitutional courts. Mendes is more of a systematizer and presenter of taxonomies than a purveyor of simple answers. His language waxes metaphorical, even sometimes lyrical. By asking the questions he does, Mendes encourages us to probe the roles and possibilities of deliberation on multi-member courts."' Ron Levy, Brazilian Political Science Review `"Overall, the monograph provides a welcome insight into the omissions in wider challenges faced by scholarship concerning "good" constitutional courts in democracies. Given the diversity in both institutional set ups and legal cultures, future work in this area will require an empirical turn." ' Hayley Hooper, Law Quarterly Review `Constitutional Courts and Deliberative Democracy is an inestimable contribution to explain what a 'forum of principle' or a 'dialogue' between powers entail and to provide a critical account of the ethical virtues, the facilitators, the legal constraints, and the political circumstances of judicial deliberation." ' Thomas Bustamante , Modern Law Review

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