Constitutionalism
What is Constitutionalism?
Jiří Baroš
Constitutionalism (POL 574)
1

What is Constitutionalism?
Constitutionalism (POL 574)
2
§ Democracy
§
§ Constitutionalism
§
§ Constitutionalism v. Democracy

What is Constitutionalism?
Constitutionalism (POL 574)
3
§ Democracy
§
§ Constitutionalism
§
§ Constitutionalism v. Democracy

Democracy
Constitutionalism (POL 574)
4
§ What is Democracy?
§ Political Obligation
§
§ Tyranny of majority; factions
§
§ Types of Democracy

Democracy
Constitutionalism (POL 574)
5
§ What is Democracy?
§
§ Political Obligation
§
§ Tyranny of majority; factions
§
§ Types of Democracy

What is Democracy?
Constitutionalism (POL 574)
6
§ elections
§ universal adult suffrage
§ not skewed electoral districts
§ free entry of citizens to candidacy
§ freedom of communication and association
§ political privacy
§
§ right to participate in political process

Democracy
Constitutionalism (POL 574)
7
§ What is Democracy
§
§ Political Obligation
§
§ Tyranny of majority; factions
§
§ Types of Democracy

Political Obligation
Constitutionalism (POL 574)
8
§ why to obey the law?
§
§ people must be its makers
§
§ equal right to participate
§
§ sovereignty v. morality
§
§ value of process

Democracy
Constitutionalism (POL 574)
9
§ What is Democracy
§
§ Political Obligation
§
§ Tyranny of majority; factions
§
§ Types of Democracy

Tyranny of majority; factions
Constitutionalism (POL 574)
10
§ tyranny over minorities; public v. special interests
§
§ checks on majorities?
§
§ shifting coalitions of minorities
§
§ shared political culture

Democracy
Constitutionalism (POL 574)
11
§ What is Democracy
§
§ Political Obligation
§
§ Tyranny of majority; factions
§
§ Types of Democracy

Deliberative Democracy
Constitutionalism (POL 574)
12
§ reason-giving requirements
§
§ reasons accessible to all citizens
§
§ deliberation – decision
§
§ continuing dialogue

Aggregative Democracy
Constitutionalism (POL 574)
13
§ majoritarianism
§
§ production of optimal outcomes
§
§ what are preferences?

What is Constitutionalism?
Constitutionalism (POL 574)
14
§ Democracy
§
§ Constitutionalism
§
§ Constitutionalism v. Democracy

What is Constitutionalism?
Constitutionalism (POL 574)
15
§ Democracy
§
§ Constitutionalism
§
§ Constitutionalism v. Democracy

Constitutionalism
Constitutionalism (POL 574)
16
§ Criticism of Democracy
§
§ Process v. Substance
§
§ Constitutionalist Institutions
§ Varieties of Constitutionalism

Constitutionalism
Constitutionalism (POL 574)
17
§ Criticism of Democracy
§
§ Process v. Substance
§
§ Constitutionalist Institutions
§ Varieties of Constitutionalism

Criticism of Democracy
Constitutionalism (POL 574)
18
§ human tendency to act selfishly and abuse power
§
§
§ shortcomings and dangers of democracy

Constitutionalism
Constitutionalism (POL 574)
19
§ Criticism of Democracy
§
§ Process v. Substance
§
§ Constitutionalist Institutions
§ Varieties of Constitutionalism

Process v. Substance
Constitutionalism (POL 574)
20
§ when is public policy legitimate?
§
§ where to place political confidence?
§
§ value judgement v. skepticism

Constitutionalism
Constitutionalism (POL 574)
21
§ Criticism of Democracy
§
§ Process v. Substance
§
§ Constitutionalist Institutions
§ Varieties of Constitutionalism

Constitutionalist Institutions
Constitutionalism (POL 574)
22
§ division of shared powers
§
§ bicameral structure of legislature
§
§ judicial review and protection of individual rights

Constitutionalism
Constitutionalism (POL 574)
23
§ Criticism of Democracy
§
§ Process v. Substance
§
§ Constitutionalist Institutions
§ Varieties of Constitutionalism

Constitutionalism
Constitutionalism (POL 574)
24
§ Criticism of Democracy
§
§ Process v. Substance
§
§ Constitutionalist Institutions
§ Varieties of Constitutionalism

Varieties of Constitutionalism
Constitutionalism (POL 574)
25
§ liberal / conservative
§
§ libertarian / egalitarian
§
§
§ legal / political / democratic

What is Constitutionalism?
Constitutionalism (POL 574)
26
§ Democracy
§
§ Constitutionalism
§
§ Constitutionalism v. Democracy

What is Constitutionalism?
Constitutionalism (POL 574)
27
§ Democracy
§
§ Constitutionalism
§
§ Constitutionalism v. Democracy

Constitutionalism v. Democracy
Constitutionalism (POL 574)
28
§ Continuum: Pure Constitutionalist – Pure Representative Democrat
§
§ Constitutionalism facilitates democracy…

Sources
Constitutionalism (POL 574)
29
§ Blokker, P.: New Democracies in Crisis?
§ Gutmann, A., Thompson, D. Why Deliberative Democracy?
§ Murphy, W. F. Constitutional Democracy.
§ Murphy, W. F., Barber, S. A., Fleming, J. E., Macedo, S. American Constitutional Interpretation