Donald Bello Hutt
Biographic Data
| ID | 4275842 |
|---|---|
| NAME | Donald Bello Hutt |
| GIVEN NAMES | Donald Bello |
| FAMILY NAME | Hutt |
| SIGNATURE | HUTT D B |
| AFFILIATIONS | Universidad de Valladolid |
| ORCID | 0000-0003-2979-6631 |
| VERIFIED | Yes |
| TOTAL WORKS | 8 |
| TOTAL CITATIONS | 1 |
| WORKS AS AUTHOR | 8 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2017 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 1 |
The deliberative right to constitutional silence
I champion a deliberative right to constitutional silence. It entitles individuals to reflect upon the arguments and reasons in favour or against changing or re-interpreting constitutional content under proper conditions. After reflecting on the place of silence in intellectual history and its features and virtues, I define the right to constitutional silence. It has four components: salience, time, reflection and publicness. Next, I discuss its …
Rule of Law and Political Representation
How do the rule of law and political representation relate to each other? I answer this question, hitherto neglected by rule-of-law scholars, taking my cue from Joseph Raz’s revision of his conception of the rule of law and by relying on a distinction between preferences and interests, which pervades discussions of political representation. I argue that political representatives’ attention to their constituents’ preferences, and not just their in…
The deliberative constitutionalism debate and a republican way forward
Constitutionalists and deliberative democrats show increasing interest in deliberative constitutionalism. They seek to reconcile two prima facie conflicting camps in legal and political philosophy: constitutionalism and democracy. These concepts’ internal tensions, have led deliberativists to theorise on constitutional matters unsystematically, and constitutionalists to largely ignore the influential deliberative turn in political philosophy of t…
Political Freedom in a Deliberative System
Champions of systemic approaches to deliberative democratic theory consider that deliberative systems serve sundry functions. Whether guaranteeing political freedom should be one of those functions has not been explored in the scholarly literature. This article thus examines which conceptions of freedom underpin systemic approaches to deliberative democracy. I explore and circumscribe the analysis to two prominent options: freedom as absence of i…
Making What Present Again? A Critique of Argumentative Judicial Representation
Courts do many good things. Judges carefully consider individual claims and arguments, 1 and contrast them against the law in light of evidence. Their decisions are argued for, are public, and can be contested in form and content in different hierarchical stages. Additionally, and among other things, these practices are said to contribute to the will-formation of the public sphere and improve the quality of the legislative process. 2
Selecting Constitutional Judges Randomly
This article discusses from the perspective of democratic theory an innovative proposal for the selection of constitutional, supreme court, or federal judges that aims at combining the values of expertise and political independence. It consists in combining a certification process – selecting a pool of properly qualified candidates – with a random selection among this pool. We argue that such selection procedure would better respect the separatio…
Republicanism, Deliberative Democracy, and Equality of Access and Deliberation
The article elaborates an original intertwined reading of republican theory, deliberative democracy and political equality. It argues that republicans, deliberative democrats and egalitarian scholars have not paid sufficient attention to a number of features present in these bodies of scholarships that relate them in mutually beneficial ways. It shows that republicanism and deliberative democracy are related in mutually beneficial ways, it makes …
Deliberation and Courts
We lack analyses of the judiciary from a systemic perspective. This article thus examines arguments offered by deliberativists who have reflected about this institution and argues that the current state of deliberative democracy requires us to rethink the ways they conceive of the judiciary within a deliberative framework. After an examination of these accounts, I define the deliberative system and describe the different phases deliberative democ…
Selecting Constitutional Judges Randomly
This article discusses from the perspective of democratic theory an innovative proposal for the selection of constitutional, supreme court, or federal judges that aims at combining the values of expertise and political independence. It consists in combining a certification process – selecting a pool of properly qualified candidates – with a random selection among this pool. We argue that such selection procedure would better respect the separatio…
Deliberation and Courts
We lack analyses of the judiciary from a systemic perspective. This article thus examines arguments offered by deliberativists who have reflected about this institution and argues that the current state of deliberative democracy requires us to rethink the ways they conceive of the judiciary within a deliberative framework. After an examination of these accounts, I define the deliberative system and describe the different phases deliberative democ…
Republicanism, Deliberative Democracy, and Equality of Access and Deliberation
The article elaborates an original intertwined reading of republican theory, deliberative democracy and political equality. It argues that republicans, deliberative democrats and egalitarian scholars have not paid sufficient attention to a number of features present in these bodies of scholarships that relate them in mutually beneficial ways. It shows that republicanism and deliberative democracy are related in mutually beneficial ways, it makes …
The deliberative constitutionalism debate and a republican way forward
Constitutionalists and deliberative democrats show increasing interest in deliberative constitutionalism. They seek to reconcile two prima facie conflicting camps in legal and political philosophy: constitutionalism and democracy. These concepts’ internal tensions, have led deliberativists to theorise on constitutional matters unsystematically, and constitutionalists to largely ignore the influential deliberative turn in political philosophy of t…
Political Freedom in a Deliberative System
Champions of systemic approaches to deliberative democratic theory consider that deliberative systems serve sundry functions. Whether guaranteeing political freedom should be one of those functions has not been explored in the scholarly literature. This article thus examines which conceptions of freedom underpin systemic approaches to deliberative democracy. I explore and circumscribe the analysis to two prominent options: freedom as absence of i…
Making What Present Again? A Critique of Argumentative Judicial Representation
Courts do many good things. Judges carefully consider individual claims and arguments, 1 and contrast them against the law in light of evidence. Their decisions are argued for, are public, and can be contested in form and content in different hierarchical stages. Additionally, and among other things, these practices are said to contribute to the will-formation of the public sphere and improve the quality of the legislative process. 2
Selecting Constitutional Judges Randomly
This article discusses from the perspective of democratic theory an innovative proposal for the selection of constitutional, supreme court, or federal judges that aims at combining the values of expertise and political independence. It consists in combining a certification process – selecting a pool of properly qualified candidates – with a random selection among this pool. We argue that such selection procedure would better respect the separatio…
Rule of Law and Political Representation
How do the rule of law and political representation relate to each other? I answer this question, hitherto neglected by rule-of-law scholars, taking my cue from Joseph Raz’s revision of his conception of the rule of law and by relying on a distinction between preferences and interests, which pervades discussions of political representation. I argue that political representatives’ attention to their constituents’ preferences, and not just their in…
The deliberative right to constitutional silence
I champion a deliberative right to constitutional silence. It entitles individuals to reflect upon the arguments and reasons in favour or against changing or re-interpreting constitutional content under proper conditions. After reflecting on the place of silence in intellectual history and its features and virtues, I define the right to constitutional silence. It has four components: salience, time, reflection and publicness. Next, I discuss its …
Law (8 works) · Political science (8 works) · Law and economics (7 works) · Politics (7 works) · Sociology (7 works) · Judicial and Constitutional Studies (6 works) · Democracy (5 works) · Philosophy (5 works) · Deliberative democracy (4 works) · Epistemology (4 works)