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Working group

The Law as a Conversation among Equals

Add to calendar 2022-11-23 11:00 2022-11-23 13:00 Europe/Rome The Law as a Conversation among Equals Sala degli Stemmi Villa Salviati- Castle YYYY-MM-DD
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When

23 November 2022

11:00 - 13:00 CET

Where

Sala degli Stemmi

Villa Salviati- Castle

Organised by

This event centres around a discussion of the book, "The Law as a Conversation among Equals."
In a time of disenchantment with democracy, massive social protests and the 'erosion' of the system of checks and balances, this book proposes to reflect upon the main problems of our constitutional democracies from a particular regulative ideal: that of the conversation among equals. It examines the structural character of the current democratic crisis, and the way in which, from its origins, constitutions were built around a 'discomfort with democracy'. In this sense, the book critically explores the creation of different restraints upon majority rule and collective debate: constitutional rights that are presented as limits to (and not, fundamentally, as a product of) democratic debate; an elitist system of judicial review; a checks and balances scheme that discourages, rather than promotes, dialogue between the different branches of power; etc. Finally, the book proposes a dignified constitutional democracy aimed at enabling fraternal conversation within the framework of a community of equals.
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