Realism and Deliberation in Constitutional Political Economy: The Fruitful Intellectual Dialogue between James Buchanan and John Rawls (original) (raw)

A Rawlsian Idea of Deliberative Democracy

In my thesis, I develop a framework based on John Rawls's Political Liberalism that addresses the question: how is it possible for democratic institutions and their decisions to be legitimate, given that (i) they are supposed to be governed by the "will of the people", but (ii) the people will disagree with each other about what political institutions ought to do about any given issue? Amy Gutmann and Dennis Thompson advance a deliberative democratic response to this question, which has served as the basis of governments' attempts to "strengthen democracy". They argue that political decisions are justified insofar as they are made in a process that allows citizens to exchange reasons that are respectful and moral. Furthermore, although a binding decision must be made at some point, it should be possible to revisit any decision after a period of time.

Deliberation and decision: Economics, constitutional theory and deliberative democracy

2004

Deliberation and Decision explores ways of bridging the gap between two rival approaches to theorizing about democratic institutions: constitutional economics on the one hand and deliberative democracy on the other. The two approaches offer very different accounts of the functioning and legitimacy of democratic institutions. Although both highlight the importance of democratic consent, their accounts of such consent could hardly be more different. Constitutional economics models individuals as self-interested rational utility maximizers and uses economic efficiency criteria such as incentive compatibility for evaluating institutions. Deliberative democracy models individuals as communicating subjects capable of engaging in democratic discourse. The two approaches are disjointed not only in terms of their assumptions and methodology but also in terms of the communication - or lack thereof - between their respective communities of researchers. This book provides a comprehensive overview of the recent debate between the two approaches and makes new and contributions to that debate.

Democracy after Deliberation: Bridging the Constitutional Economics/Deliberative Democracy Divide

Ph.D. Philosophy Dissertation (University of Ottawa), 2007

This dissertation addresses a debate about the proper relationship between democratic theory and institutions. The debate has been waged between two rival approaches: on the one side is an aggregative and economic theory of democracy, known as constitutional economics, and on the other side is deliberative democracy. The two sides endorse starkly different positions on the issue of what makes a democracy legitimate and stable within an institutional setting. Constitutional economists model political agents in the same way that neoclassical economists model economic agents, that is, as self-regarding, rational maximizers; so that evaluations of democratic legitimacy and stability depend on the extent to which the design of institutional rules and practices maximize individual utility by promoting efficient schemes of collective choice. Deliberative democrats, on the other hand, understand political agents as communicative reason-giving subjects who justify their preferences and positions on issues that jointly affect them in a process of consensus-directed discourse, or deliberation; so that evaluations of democratic legitimacy and order depend on the degree to which institutional norms and practices promote deliberation and draw upon deliberated public judgment. I argue that despite the numerous incompatibilities between constitutional economics and deliberative democracy—which amount to a 'deep divide'—an opportunity to produce a genuine synthesis of the two approaches arises inasmuch as it is possible to overcome several points of opposition in their separate research programmes. The central thesis of the dissertation is that it is possible to construct a bridge spanning the divide between constitutional economists and deliberative democrats, and that Dewey and Bentley's transactional view can facilitate this bridge-building project. Pursuant to this end, the points of opposition between the v research programmes are mediated by way of five concepts which, on balance, favor deliberative democracy and its feasible institutionalization. In charting a transactional middle way between the two programmes, deliberative institutional designers should be empowered to achieve two objectives: (i) to integrate deliberative practices into new and existing democratic institutions and (ii) to heed the critical insights and caveats of constitutional economists, who have identified genuine limitations to realizing the deliberative ideal in modern constitutional democracies.

0610 Public Choice, Constitutional Political Economy and Law and Economics

2000

The various subdisciplines within the emerging ‘new institutionalism’ in economics all draw special attention to the legal-political constraints within which economic and political agents choose and therefore represent a return of economics to its appropriate legal foundations. By changing the name of his research programme to constitutional political economy Buchanan distanced himself from those parts of the public choice literature that remained too close to the traditional welfare economics approach. This chapter draws lessons for law and economics from recent developments in the re-emerging field of constitutional political economy. CPE compares alternative sets of institutional arrangements, in markets and the polity, and their outcomes, using ‘democratic consent’ as an internal standard of comparison. The chapter discusses the methodological foundation of the CPE approach, presents Buchanan’s reconstruction of the Coase theorem along subjectivist-contractarian lines and gives ...

Constitutional Political Economy

The Elgar Companion to Public Choice, 2nd Edition, 2013

The phrase 'constitutional political economy' has, no doubt, appeared in the literature in a variety of contexts over many years, but for our purposes the key uses of the phrase as the label for a distinctive research program developed from the use of 'constitutional economics' over the period following the publication of The Calculus of Consent (Buchanan and Tullock 1962) and became firmly established in the sub-title of The Reason of Rules , and as the name of the journal launched in 1990. 2

POLITICAL DISCOURSE AND REASONABLE DISAGREEMENT - WHAT CONSTITUTIONALISM SUGGESTS

Diskurs I Politika - Discourse and Politics ISBN 978-86-7419-308-2, 2019

Reasonable disagreement is one of the most critical issues in contemporary political philosophy, especially within liberal-democratic constitutionalism. In emphasising the role of disagreement in the relationship between discourse and politics, many scholars such as Jeremy Waldron and Richard Bellamy – against the background of the Rawlsian idea of “reasonable pluralism” – defend the thesis of moral disagreement as the core of political deliberation. By refusing the idea of neutrality, these authors maintain that political discourse cannot be established by simply removing our moral disagreement on political values. This essay engages the issue of “discourse and politics” by focusing on some relevant topics: the deliberative conception of democracy; the Rawlsian idea of public reason as a forum for deliberation and discourse; the fact of disagreement and its influence on the deliberative process. In order to investigate such issues, the paper follows three ways. First, it aims at examining John Rawls’ idea of public reason, by presenting it as a tool to resolve reasonable disagreement in the context of constitutional essentials. The second section deals with reasonable disagreement from a liberal point of view, by trying to focus on some critical remarks which Bellamy raises against Rawlsian political liberalism. The third section briefly analyses Waldron’s arguments in defence of reasonable disagreement, as a critique of the deliberative model of democracy. From this perspective, Waldron presents deliberative democracy’s failure in considering political dissent and moral disagreement as two problematic aspects of democracy.

Political legitimacy in Rawls' early and late political liberalism -Two diverging interpretations

Philosophy & Social Criticism, 2024

This article assesses Frank I. Michelman's constitution-centered and proceduralist interpretation of Rawls' conception of political legitimacy and argues that it merits attention because it highlights the institutional aspects of Rawls' understanding of political legitimacy for constitutional democracies. However, the article also questions Michelman's interpretation of Rawls' 'liberal principle of legitimacy' (LPL) and the later 'idea of political legitimacy based on the criterion of reciprocity' (ILBR). As Michelman rightly points out, for the exercise of political power to be legitimate in a constitutional democracy, it must be in accordance with a constitution that is itself legitimate or reasonably acceptable to free and equal citizens. Yet, the article argues that Rawls' two legitimacy formulations are attempts to make an additional point: Namely that when democratic citizens exercise political power in 'the fundamental political issues', or in issues that shape the basic justice of society or the essentials of the constitution itself, they must respect the ideal of public reasonor ensure themselves and other citizens that their exercise of political power is in accordance with the underlying basic political-moral ideas of persons and society that make the constitution itself acceptable to them. The LPL and the ILBR are conceptions of political legitimacy, not in the sense of setting up a criterion for when a specific law is legitimate, but in the sense of outlining civic or "office-specific" constraints that citizens and public officials must put on their reasoning and exercise of political power in the fundamental political issues for the practice of a constitutional democracy to be legitimate, or well-ordered, reasonably just, and stable for the right reasonsin the long run. The article also discusses why Rawls saw the need to reformulate the LPL, and how the later ILBR assigns a new significance to citizens' actual use of public reason and their intersubjective deliberation.