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Pettit, Philip --- "Deliberative Democracy and the Case for Depoliticising Government" [2001] UNSWLawJl 58; (2001) 24(3) UNSW Law Journal 724

[*] Professor of Social and Political Theory, Research School of Social Sciences, Australian National University. This paper draws heavily on my account of republican theory, and its connection to deliberative democracy, in Philip Pettit, Republicanism: A Theory of Freedom and Government (1997). It also draws on the discussion of the problem that gives rise to the need for the group-rationality constraint in Philip Pettit, ‘The Discursive Dilemma and Deliberative Democracy’ (2001) 11 Philosophical Issues 268. That problem is also discussed in Philip Pettit, A Theory of Freedom: From the Psychology to the Politics of Agency (2001) ch 4. Those discussions trace the problem – which I call the discursive dilemma – to the work of the legal theorists, Lewis Kornhauser and Larry Sager.

[1] See generally Jürgen Habermas, The Theory of Communicative Action (1984-87).

[2] See A V Dicey, An Introduction to the Law of the Constitution (10th ed, 1960).

[3] Liz Armitage, ‘No Fireworks or Bands, but ACT has Done Well: Humphries’, The Canberra Times (Canberra), 23 May 2001, 2.

[4] Charles de Secondat Montesquieu (Anne M Cohler, Basia Carolyn Miller and Harold Samuel Stone (trans and eds)), The Spirit of the Laws (first published 1748, 1989 ed) 203.

[5] Australian Bureau of Statistics, Prisoners in Australia 2000, Cat No 4517.0 (2001).

[6] James S Fishkin, The Voice of the People: Public Opinion and Democracy (1997).