We are in the midst of a period of dramatic new thinking, all over the world, about the very nature of constitutionalism. This book makes a significant contribution to the debate, providing a new understanding of the role of a constitution in democra We are in the midst of a period of dramatic new thinking, all over the world, about the very nature of constitutionalism. This book makes a significant contribution to the debate, providing a new understanding of the role of a constitution in democratic life. Many nations face a pervasive problem of intense political disagreement--a problem that threatens to create mutual misunderstanding. A major source of the trouble, according to Sunstein, lies in deliberation amond like-minded people, which tends to produce extremism. A democratic constitution tries to ensure that diverse people are speaking to one another, and not hearing constant echoes of their own voices. The system of checks and balances is best understood in this light--an idea with concrete implications for current dilemmas. Sunstein shows how a democratic constitution can promote social stability, and mutual respect, by making it possible for people to reach agreement where agreement is necessary, and unnecessary to reach agreement where agreement is not possible. A good constitution tries to allow people to agree on what to do even when they disagree on why, exactly, they ought to do it. An understanding of these points helps illuminate many contested issues. It explains why a good democracy makes both impeachment and secession exceedingly rare events. It also shows that a good constitution often opposes traditions, because traditions are frequently confused and oppressive. Traditionalism, Sunstein argues, is inconsistent with democratic values. Sunstein goes on to discuss issues of equality and discrimination, as well as the relationship between sex equality and religious liberty. He also shows how judges can promote democratic ideals by ensuring reason-giving, by promoting exposure to diverse views, and by prohibiting second-class citizenship. ...Continua Nascondi
