The Law As a Conversation Among Equals - A Skeptical View

Verdugo, Sergio

Publication:
The Law As a Conversation Among Equals - A Skeptical View

dc.contributor.author	Verdugo, Sergio
dc.contributor.ror	https://ror.org/02jjdwm75
dc.date.accessioned	2025-04-25T13:23:36Z
dc.date.available	2025-04-25T13:23:36Z
dc.date.issued	2024-11-08
dc.description.abstract	In the context of the discussion about strengthening democratic regimes while facing the problems of constitutional and democratic erosion, Roberto Gargarella has offered a new regulatory ideal called "The Law As a Conversation Among Equals" to guide the discussion. He suggests placing our efforts of democratic recovery in new, more experimental forms of political participation, such as citizens' assemblies. This essay argues that Gargarella's valuable prescription for the problem may become self-defeating. If the main focus is not on helping the infrastructure of representative democratic regimes recover or heal, the focus on new experimental forms of political participation can even deepen the harm that the political systems are suffering. This is not to say that these new forms of political participation should always be avoided. As I will show, they should be used to complement and not replace representative institutions. I suggest a more modest, narrow, and cautious way to implement those participatory mechanisms. If the infrastructure of democracy is to be recovered, we should not avoid discussing issues such as the functioning of political parties, how fourth-branch institutions can impose limits and slow down processes of erosion while offering opportunities for democratic forces to regroup, and the way citizens access information and participate in the flawed marketplace of ideas.
dc.description.peerreviewed	yes
dc.description.status	Published
dc.format	application/pdf
dc.identifier.citation	Verdugo, S. (2024). The Law As a Conversation Among Equals-A Skeptical View. Rivista di Diritti Comparati, forthcoming. http://dx.doi.org/10.2139/ssrn.4989529.
dc.identifier.doi	http://dx.doi.org/10.2139/ssrn.4989529
dc.identifier.uri	https://hdl.handle.net/20.500.14417/3779
dc.language.iso	en
dc.publisher	SSRN
dc.relation.department	Public Law & Global Governance
dc.relation.entity	IE University
dc.relation.school	IE Law School
dc.rights	Attribution-NonCommercial-NoDerivatives 4.0 International
dc.rights.accessRights	info:eu-repo/semantics/openAccess
dc.rights.uri	https://creativecommons.org/licenses/by-nc-nd/4.0/deed.en
dc.title	The Law As a Conversation Among Equals - A Skeptical View
dc.type	info:eu-repo/semantics/workingPaper
dc.version.type	info:eu-repo/semantics/publishedVersion
dspace.entity.type	Publication
relation.isAuthorOfPublication	e79f958a-556c-4764-a06f-5483c5604817
relation.isAuthorOfPublication.latestForDiscovery	e79f958a-556c-4764-a06f-5483c5604817