Citizens Without Robes: On the Deliberative Potential of Everyday Politics

This essay is a sympathetic critical comment on Cristina Lafont’s recent book, Democracy without Shortcuts: A Participatory Conception of Deliberative Democracy. I focus primarily on the arguments in the final chapters of the book that introduce a deliberative democratic re-interpretation of judicia...

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Main Author: Simone Chambers
Format: Article
Language:English
Published: University of Westminster Press 2020-10-01
Series:Journal of Deliberative Democracy
Subjects:
Online Access:https://delibdemjournal.org/article/id/636/
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author Simone Chambers
author_facet Simone Chambers
author_sort Simone Chambers
collection DOAJ
description This essay is a sympathetic critical comment on Cristina Lafont’s recent book, Democracy without Shortcuts: A Participatory Conception of Deliberative Democracy. I focus primarily on the arguments in the final chapters of the book that introduce a deliberative democratic re-interpretation of judicial review. Lafont appeals to the evocative imagery of citizens in robes and suggests that contesting legislation at the level of the supreme court does not take questions out of the public sphere and into the legal domain but rather brings questions of right and constitutionality into the political domain. The institutional possibility for individual citizens to challenge any law and thus launch a broad public debate that demands justifications and reasons is the heart of Lafont’s conception of participatory deliberative democracy. I find this a powerful and compelling defense and understanding of judicial review. I question, however, what appears to be a narrowing of deliberative democracy to constitutional contestation and so an abandonment of everyday politics where issues, debates, and controversies are not structured by the constraint of constitutional discourse. I argue that the focus on constitutional politics, made necessarily by her public reason requirement, narrows the range of her theory and appears to leave everyday politics outside the scope of deliberative democracy.
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spelling doaj-art-cd95e076a5e44a04bcd285ece2a6003d2025-08-20T03:41:52ZengUniversity of Westminster PressJournal of Deliberative Democracy2634-04882020-10-0116210.16997/jdd.388Citizens Without Robes: On the Deliberative Potential of Everyday PoliticsSimone Chambers0 This essay is a sympathetic critical comment on Cristina Lafont’s recent book, Democracy without Shortcuts: A Participatory Conception of Deliberative Democracy. I focus primarily on the arguments in the final chapters of the book that introduce a deliberative democratic re-interpretation of judicial review. Lafont appeals to the evocative imagery of citizens in robes and suggests that contesting legislation at the level of the supreme court does not take questions out of the public sphere and into the legal domain but rather brings questions of right and constitutionality into the political domain. The institutional possibility for individual citizens to challenge any law and thus launch a broad public debate that demands justifications and reasons is the heart of Lafont’s conception of participatory deliberative democracy. I find this a powerful and compelling defense and understanding of judicial review. I question, however, what appears to be a narrowing of deliberative democracy to constitutional contestation and so an abandonment of everyday politics where issues, debates, and controversies are not structured by the constraint of constitutional discourse. I argue that the focus on constitutional politics, made necessarily by her public reason requirement, narrows the range of her theory and appears to leave everyday politics outside the scope of deliberative democracy.https://delibdemjournal.org/article/id/636/constitutional rightspublic sphereself-governmentpublic reasonjudicial reviewdeliberative democracy
spellingShingle Simone Chambers
Citizens Without Robes: On the Deliberative Potential of Everyday Politics
Journal of Deliberative Democracy
constitutional rights
public sphere
self-government
public reason
judicial review
deliberative democracy
title Citizens Without Robes: On the Deliberative Potential of Everyday Politics
title_full Citizens Without Robes: On the Deliberative Potential of Everyday Politics
title_fullStr Citizens Without Robes: On the Deliberative Potential of Everyday Politics
title_full_unstemmed Citizens Without Robes: On the Deliberative Potential of Everyday Politics
title_short Citizens Without Robes: On the Deliberative Potential of Everyday Politics
title_sort citizens without robes on the deliberative potential of everyday politics
topic constitutional rights
public sphere
self-government
public reason
judicial review
deliberative democracy
url https://delibdemjournal.org/article/id/636/
work_keys_str_mv AT simonechambers citizenswithoutrobesonthedeliberativepotentialofeverydaypolitics