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Deliberative Performance of Constitutional Courts

Conrado Hübner Mendes

in Constitutional Courts and Deliberative Democracy

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199670451
eISBN:
9780191749636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670451.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter expounds the key argument of the book and fleshes out the core meaning of deliberative performance. The chapter is organized as follows. The second section advances the anatomy of a ... More


Institutional Design: Augmenting Deliberative Potential

Conrado Hübner Mendes

in Constitutional Courts and Deliberative Democracy

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199670451
eISBN:
9780191749636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670451.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on institutional design, the chief facilitator of deliberative performance. It offers a comprehensive, if concise, picture of the most relevant choices a designer needs to make. ... More


Political Deliberation and Collective Decision-making

Conrado Hübner Mendes

in Constitutional Courts and Deliberative Democracy

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199670451
eISBN:
9780191749636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670451.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter locates the general discussion about the ideal of political deliberation as a way of collective decision-making within the contemporary literature. It covers the conceptual frame of ... More


The Legal Backdrop of Constitutional Scrutiny

Conrado Hübner Mendes

in Constitutional Courts and Deliberative Democracy

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199670451
eISBN:
9780191749636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670451.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the legal backdrop on the basis of which constitutional courts elicit public justifications for deciding. It argues that ideally, a deliberative court openly recognizes the ... More


Concluding Remarks

Conrado Hübner Mendes

in Constitutional Courts and Deliberative Democracy

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199670451
eISBN:
9780191749636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670451.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter presents some final thoughts. The book highlights the role of political deliberation in general, then specifies it to collegiate adjudication, further qualifies it in constitutional ... More


Better by design? Subsequent Citizens Councils

Celia Davies, Margaret Wetherell, and Elizabeth Barnett

in Citizens at the centre: Deliberative participation in healthcare decisions

Published in print:
2006
Published Online:
March 2012
ISBN:
9781861348029
eISBN:
9781447301851
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781861348029.003.0006
Subject:
Public Health and Epidemiology, Public Health

This chapter evaluates the impact of changing design on the Citizens Council of the British National Institute for Health and Clinical Excellence (NICE). It explores the concrete case of the NICE ... More


The Ethics of Political Deliberation

Conrado Hübner Mendes

in Constitutional Courts and Deliberative Democracy

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199670451
eISBN:
9780191749636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670451.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter considers the ethical benchmarks that judges should follow in order to animate a court in the deliberative course. It begins with a discussion of the character of an ethics of ... More


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