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Title: A normative model for deliberative constitution-building
Other Titles: Un modelo normativo para procesos constituyentes deliberativos
Un model normatiu per a processos constituents deliberatius
Author: Pacheco Canals, Jordi
Others: Universitat Oberta de Catalunya (UOC)
Keywords: deliberative democracy
constitution-building
constitutional law
participation
representation
Issue Date: Jun-2019
Publisher: Revista catalana de dret públic
Citation: Pacheco i Canals, J. (2019). A normative model for deliberative constitution-building. Revista catalana de dret públic, (58), 166-181. doi: 10.2436/rcdp.i58.2019.3225
Also see: http://dx.doi.org/10.2436/rcdp.i58.2019.3225
Abstract: Constitution-making in Western Europe has shifted from the traditional post-war model and taken a deliberative turn, seeking full democratic legitimation, though most constitutional initiatives incorporating ordinary citizens have not been fully successful. To overcome this lack of efficiency, this article offers a normative model for deliberative constitution-building. The model formulates citizens deliberating systematically and massively in minipublics with formal institutions, epistemocracy, political parties, officials, and mass communication. It also transforms most of the normative ideals to those that can be regulated only by legal norms, avoiding dependence on citizens' ethical behavior. Only a few of them remain as recommendations for political consensus before starting constitutional change. The first part of the article describes general issues related to constitution-building from a deliberative perspective, such as the strengths and weaknesses of minipublics, political commitment before starting, and the scope of the future constitution. The second one describes its practical deployment and the role of each actor such as the parliament or constituent assembly, political parties, scientific and monitoring committees, the executive operator, participants, and general public; the design of the deliberative system and how to frame the debate; massive deliberation in equatable minipublics and their link with politicians, public opinion, and representative institutions; and, finally their connection to posterior constitutional decision-making phases through accountability.
Language: English
URI: http://hdl.handle.net/10609/110129
ISSN: 1885-8252MIAR
Appears in Collections:UOC Open Learning resources
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UOC Learning resources

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