Jump to ContentJump to Main Navigation
Strong ConstitutionsSocial-Cognitive Origins of the Separation of Powers$
Users without a subscription are not able to see the full content.

Maxwell Cameron

Print publication date: 2013

Print ISBN-13: 9780199987443

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199987443.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 16 February 2020

Beyond Liberalism: Language, Law, and Deliberation

Beyond Liberalism: Language, Law, and Deliberation

Chapter:
(p.141) 6 Beyond Liberalism: Language, Law, and Deliberation
Source:
Strong Constitutions
Author(s):

Maxwell A. Cameron

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199987443.003.0006

The electoral theory of democracy relegated the separation of powers to the status of legal doctrine rather than theory. Liberals like Hayek attempted to retain an emphasis on constitutionalism and the rule of law, but were hobbled by a view of lawmaking that provided an insufficient place for writing, criticism, and deliberate collective choices over institutions. The reunification of the theory of democracy and the separation of powers within a social scientific approach that acknowledges the critical importance of language and law required the work of theorists of deliberative democracy for whom there is an internal connection between democracy and constitutionalism. Democracy is a system in which those in power must provide reasons for their actions and defend them against criticism, and this demands separate branches of government. Habermas is at the center of this project, and his contribution is critically assessed in light of the social cognitive theory.

Keywords:   Liberalism, deliberative democracy, Habermas, Hayek, constitutionalism, the rule of law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .