The Constitution of Deliberative Democracy
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Carlos Santiago Nino
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In this important and wide-ranging book, a leading political theorist and activist considers the question: What justifies democracy? Carlos Santiago Nino critically examines answers others have given and then develops his own distinctive theory of democracy, emphasizing its deliberative character. In Nino's view, democracy resembles a moral conversation and is valued because of its capacity to generate an impartial perspective, one that takes into account the interests of all citizens.
Nino's conception of deliberative democracy bears on the way power is organized under a constitution. Drawing on a variety of constitutional traditions, he criticizes the presidential system and calls for citizens to participate more directly in the political life of their country. He also envisions a revitalized role for political parties. Nino shows how deliberative democracy can be combined with, and supported by, other constitutional practices, such as the specific wording of the text and the protection of individual rights. The complex constitution that emerges from his analysis consists of a historical constitution, an ideal constitution of rights, and an ideal constitution of power. Nino's goal is to explain how these three dimensions of constitutionalism can reinforce rather than conflict with each other. In a final chapter, he argues that the deliberative conception of democracy requires a more limited role for judicial review than is usually contemplated.
Nino's conception of deliberative democracy bears on the way power is organized under a constitution. Drawing on a variety of constitutional traditions, he criticizes the presidential system and calls for citizens to participate more directly in the political life of their country. He also envisions a revitalized role for political parties. Nino shows how deliberative democracy can be combined with, and supported by, other constitutional practices, such as the specific wording of the text and the protection of individual rights. The complex constitution that emerges from his analysis consists of a historical constitution, an ideal constitution of rights, and an ideal constitution of power. Nino's goal is to explain how these three dimensions of constitutionalism can reinforce rather than conflict with each other. In a final chapter, he argues that the deliberative conception of democracy requires a more limited role for judicial review than is usually contemplated.
Carlos Santiago Nino (1943-1993) was professor of law at the University of Buenos Aires and a regular visiting professor at the Yale Law School. He became involved in politics in the early 1980s in an effort to restore democracy in Argentina and later served President Raúl Alfonsín as an advisor on human rights and constitutional reform. His many published works include The Ethics of Human Rights and Radical Evil on Trial.
ISBN: 9780300067484
Publication Date: September 25, 1996
Publication Date: September 25, 1996
264 pages, 6 1/8 x 9 1/4
![](https://drupal.yalebooks.yale.edu/sites/default/files/styles/book_jacket/public/imagecache/external/bf57b40899721123ea6adf496626598b.jpg?itok=Sq7mYgjv ""Partly Laws Common to All Mankind"")
