Abstract: Deliberative Democracy and Beyond takes a critical tour through recent democratic theory, beginning with the deliberative turn that occurred around 1990. The essence of this turn is that democratic legitimacy is to be found in authentic deliberation among those affected by a collective decision. While the deliberative turn was initially a challenge to established institutions and models of democracy, it was soon assimilated by these same institutions and models. Drawing a distinction between liberal constitutionalism and discursive democracy, the author criticizes the former and advocates the latter. He argues that a defensible theory of democracy should be critical of established power, pluralistic, reflexive in questioning established traditions, transnational in its capacity to extend across state boundaries, ecological, and dynamic in its openness to changing constraints upon, and opportunities for, democratization.

Keywords: constitutionalism, deliberation, deliberative democracy, democratic theory, democratization, discursive democracy, legitimacy