Graeme Orr | The University of Queensland, Australia (original) (raw)
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Books by Graeme Orr
Laws have colonised most of the corners of political practice, and now substantially determine th... more Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals.
The book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation's weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberative democracy connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.
Papers by Graeme Orr
Sport and the Law DEBORAH HEALEY is a senior lecturer in the Faculty of Law at the University of ... more Sport and the Law DEBORAH HEALEY is a senior lecturer in the Faculty of Law at the University of New South Wales, where she teaches and researches on issues relating to competition law, and commercial aspects of sport and law. As a solicitor she has represented ...
The quantity and quality of political opinion polling are sources of concern for electoral democr... more The quantity and quality of political opinion polling are sources of concern for electoral democracies worldwide. A significant number of countries regulate polling by embargoing publication in the latter stages of the election period, or by mandating disclosure of key information about each poll. Such regulation, however, is rare in common law systems, where ‘free speech’ arguments tend to hold sway, sublimating concern for the deliberative health of political discourse. This article examines the issue, comparing regulation and case law internationally in light of the evolution, benefits and pathologies of opinion polling. A distinction can be made between polling on issues, which permit us all to reflect on the positions of fellow citizens on substantive issues, and the almost endless stream of polling on voting intentions, which offers little from a deliberative perspective. We recommend regulation to ensure disclosure, at the point of publication, of key information about each opinion poll (eg who conducted it, the wording of questions and margins of error), as well as a campaign-period embargo on publishing electoral opinion polling.
Laws have colonised most of the corners of political practice, and now substantially determine th... more Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals.
The book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation's weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberative democracy connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.
Sport and the Law DEBORAH HEALEY is a senior lecturer in the Faculty of Law at the University of ... more Sport and the Law DEBORAH HEALEY is a senior lecturer in the Faculty of Law at the University of New South Wales, where she teaches and researches on issues relating to competition law, and commercial aspects of sport and law. As a solicitor she has represented ...
The quantity and quality of political opinion polling are sources of concern for electoral democr... more The quantity and quality of political opinion polling are sources of concern for electoral democracies worldwide. A significant number of countries regulate polling by embargoing publication in the latter stages of the election period, or by mandating disclosure of key information about each poll. Such regulation, however, is rare in common law systems, where ‘free speech’ arguments tend to hold sway, sublimating concern for the deliberative health of political discourse. This article examines the issue, comparing regulation and case law internationally in light of the evolution, benefits and pathologies of opinion polling. A distinction can be made between polling on issues, which permit us all to reflect on the positions of fellow citizens on substantive issues, and the almost endless stream of polling on voting intentions, which offers little from a deliberative perspective. We recommend regulation to ensure disclosure, at the point of publication, of key information about each opinion poll (eg who conducted it, the wording of questions and margins of error), as well as a campaign-period embargo on publishing electoral opinion polling.