Pluralism and Disagreement Constitutionalism and Democracy Jiří Baroš Pluralism and Disagreement 1 Constitutionalism and Democracy Pluralism and Disagreement 2 § Constitutionalism § § Varieties of Constitutionalism § § Constitutionalism v. Democracy Constitutionalism and Democracy Pluralism and Disagreement 3 § Constitutionalism § § Varieties of Constitutionalism § § Constitutionalism v. Democracy Constitutionalism Pluralism and Disagreement 4 § Criticism of Democracy § § Process v. Substance § § Constitutionalist Institutions Constitutionalism Pluralism and Disagreement 5 § Criticism of Democracy § § Process v. Substance § § Constitutionalist Institutions Criticism of Democracy Pluralism and Disagreement 6 § human tendency to act selfishly and abuse power § § § shortcomings and dangers of democracy Constitutionalism Pluralism and Disagreement 7 § Criticism of Democracy § § Process v. Substance § § Constitutionalist Institutions Process v. Substance Pluralism and Disagreement 8 § when is public policy legitimate? § § where to place political confidence? § § value judgement v. skepticism Constitutionalism Pluralism and Disagreement 9 § Criticism of Democracy § § Process v. Substance § § Constitutionalist Institutions Constitutionalist Institutions Pluralism and Disagreement 10 § division of shared powers § § bicameral structure of legislature § § judicial review and protection of individual rights Constitutionalism and Democracy Pluralism and Disagreement 11 § Constitutionalism § Varieties of Constitutionalism § § Constitutionalism v. Democracy Constitutionalism and Democracy Pluralism and Disagreement 12 § Constitutionalism § Varieties of Constitutionalism § § Constitutionalism v. Democracy Varieties of Constitutionalism Pluralism and Disagreement 13 § liberal / conservative § § libertarian / egalitarian § § § legal / political / democratic / populist Political Constitutionalism Pluralism and Disagreement 14 § Constitution and Disagreement § § § Political Equality and Political Debate § § § Parliamentary Supremacy Democratic Constitutionalism Pluralism and Disagreement 15 § Rebalancing Legal and Democratic Dimensions § § § Radical Democracy § § § Constitutional Essentials Populist Constitutionalism Pluralism and Disagreement 16 § The Popular Will § § Majoritarianism § § Legal Resentment § § Constitutional Instrumentalism Constitutionalism and Democracy Pluralism and Disagreement 17 § Constitutionalism § § Varieties of Constitutionalism § § Constitutionalism v. Democracy Constitutionalism v. Democracy Pluralism and Disagreement 18 § Continuum: Pure Constitutionalist – Pure Representative Democrat § § Constitutionalism facilitates democracy… Sources Pluralism and Disagreement 19 § 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