Paul Daly
February 17, 2025

On Wednesday at 11.30, my next guest in this year’s Administrative Law & Governance Colloquium will be Professor Roberto Gargarella.
He will be discussing his book The Law as a Conversation Amongst Equals (Cambridge, 2022):
In a time of disenchantment with democracy, massive social protests and the ‘erosion’ of the system of checks and balances, this book proposes to reflect upon the main problems of our constitutional democracies from a particular regulative ideal: that of the conversation among equals. It examines the structural character of the current democratic crisis, and the way in which, from its origins, constitutions were built around a ‘discomfort with democracy’. In this sense, the book critically explores the creation of different restraints upon majority rule and collective debate: constitutional rights that are presented as limits to (and not, fundamentally, as a product of) democratic debate; an elitist system of judicial review; a checks and balances scheme that discourages, rather than promotes, dialogue between the different branches of power; etc. Finally, the book proposes a dignified constitutional democracy aimed at enabling fraternal conversation within the framework of a community of equals.
This is a fascinating book very much written for our time. Join us at this link on Wednesday at 11.30.
Here is Professor Gargarella’s bio:
Professor Roberto Gargarella is a distinguished legal scholar, sociologist, and professor at the University of Buenos Aires (UBA), where he specializes in constitutional theory, political philosophy, and human rights. He holds a Doctorate in Law from UBA and further advanced his studies with an LL.M. and a Doctor of Juridical Science (SJD) from the University of Chicago, followed by postdoctoral research at Balliol College, Oxford University. A prolific author, Dr. Gargarella has published extensively on topics such as democracy, social rights, and constitutional design, with a focus on Latin America. His influential works include The Legal Foundations of Inequality and Latin American Constitutionalism, 1810–2010: The Engine Room of the Constitution. His research critically examines the intersections of law, democracy, and inequality, highlighting the role of constitutional frameworks in fostering or addressing social injustice. In addition to his academic contributions, Dr. Gargarella has held visiting professorships and research positions at prestigious institutions worldwide and has been recognized with awards such as the John Simon Guggenheim Fellowship. His work continues to shape debates on constitutionalism and democratization, offering invaluable insights into the challenges and possibilities of legal and social reform.
This content has been updated on February 17, 2025 at 15:46.