
Published online:
16 April 2014
Published in print:
19 December 2013
Online ISBN:
9780191749636
Print ISBN:
9780199670451
Contents
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1. Introduction 1. Introduction
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2. Institutional design as a facilitator of deliberative performance 2. Institutional design as a facilitator of deliberative performance
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3. Constitutive devices 3. Constitutive devices
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i. Institutional location i. Institutional location
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ii. Number of decision-makers ii. Number of decision-makers
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iii. Character of decision-makers iii. Character of decision-makers
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iv. Mode of appointment iv. Mode of appointment
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v. Tenure v. Tenure
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4. Pre-decisional devices: promoting public contestation, preparing for collegial engagement 4. Pre-decisional devices: promoting public contestation, preparing for collegial engagement
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vi. Docket-forming vi. Docket-forming
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vii. Agenda-setting vii. Agenda-setting
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viii. Character of interlocutors viii. Character of interlocutors
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ix. Mode of interaction among decision-makers and interlocutors ix. Mode of interaction among decision-makers and interlocutors
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5. Decisional devices: promoting collegial engagement 5. Decisional devices: promoting collegial engagement
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x. Sessions: between publicity and secrecy x. Sessions: between publicity and secrecy
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xi. Mode of interaction: between face-to-face and written, formal and informal xi. Mode of interaction: between face-to-face and written, formal and informal
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xii. Decisiveness: between unanimity, simple majority, and qualified majority xii. Decisiveness: between unanimity, simple majority, and qualified majority
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6. Post-decisional devices: drafting a deliberative written decision 6. Post-decisional devices: drafting a deliberative written decision
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xiii. Public display of internal division xiii. Public display of internal division
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xiv. Process of decision-drafting xiv. Process of decision-drafting
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xv. Communicating xv. Communicating
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7. Conclusion 7. Conclusion
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Chapter
6 Institutional Design: Augmenting Deliberative Potential
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Pages
142–175
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Published:December 2013
Cite
Mendes, Conrado Hübner, 'Institutional Design: Augmenting Deliberative Potential', Constitutional Courts and Deliberative Democracy, Oxford Constitutional Theory (Oxford , 2013; online edn, Oxford Academic, 16 Apr. 2014), https://doi.org/10.1093/acprof:oso/9780199670451.003.0007, accessed 28 Apr. 2025.
Abstract
This chapter focuses on institutional design, the chief facilitator of deliberative performance. It offers a comprehensive, if concise, picture of the most relevant choices a designer needs to make. It first explores the notion of facilitators of deliberative performance. It then discusses four types of institutional devices: those that have a constitutive function, and those that mould the pre-decisional, decisional, and post-decisional phases.
Keywords:
deliberative performance, constitutional courts, institutional devices, constitutive function
Collection:
Oxford Scholarship Online
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