Deliberation

Deliberation is a foreign word borrowed from Latin, meaning " deliberation " or " consideration ", the corresponding verb is deliberieren, the adjective deliberative.

Deliberation as a legal concept

The term comes from the Roman law. The Latin Deliberatio meant " deliberation, viewing, concerns ". Deliberare is " deliberate, dissuade, draw in doubts, take respite " for. Publilius Syrus the right proverb is attributed to:

The Latin term for Deliberationsrecht is deliberandi ius. How this comes from the term Deliberationsfrist Roman law. The latter refers to the period in terms of a cooling-off period (space deliberandi, Beneficium deliberandi ), which is granted to an heir to decide on the adoption or rejection of an inheritance.

Deliberation in the decision making of public bodies

A Deliberativstimme is a consultative only, that is, consider to be drawn, but not accorded voting voice contrast: Dezisivstimme.

In the older state law, the Deliberationsrecht came to the stands or the representation of the people, for example. In today's time can be found in divorced after chambers legislators occasionally also with ( only ) advisory ( " consultative chamber ", " Konsultativkammer " or " Consultative Council "); they are usually only a supplement to the legislative chamber ( Parliament), with the exception of the majority of the monarchies of the Arab Gulf states, where deliberative elements still prevail ( cf. Majlis Shura ).

In administrative law, one finds a number of Deliberationselemente in organization laws, and especially during the administrative procedure law ( laws on administrative procedures of the German states and the federal government ); for example, obliged to § 28 para 1 (text same in almost all administrative procedures laws provision ) each administrative authority - before adopting an onerous administrative - to listen to the participants ( exceptions in § 28 para 2 and 3) and has to consider the statements regularly ( obligation to state reasons if it does not consider this ).

In the municipality of constitutional law the Deliberationsrecht comes eg the local councils (eg in Hesse and Schleswig -Holstein town council, in Lower Saxony and Saarland Ortsrat, in Bremen Advisory Board and in Mecklenburg-Western Pomerania district representative). This level of municipal democracy may be directly elected by the committees have regularly but not a budget law nor can they take binding decisions; them only a qualified right to be heard is similar to that of the Committees of Parliaments community ( community council, council, etc.) or deputations to, exceptions are possible for both local councils as committees for ( decision-making committees ). They have a most important voice in the decision - preparatory process for the parliamentary decision-making bodies. Legally binding ultimately in the decision-making body (Parliament) is decided and decided (in the city of Bremen Bremen citizenship decisions as a council with his deputations in the municipal concerns of the city of Bremen.

On appeal of the soldiers it is often thought advisable before bringing the ( formal ) complaint to sleep one night ( practice in the Prussian army).

Each judge has heard in the court proceedings the opposite side and - in case of legal relevance - tell why he follows the arguments of one side or does not follow.

Deliberative democracy

A special importance has Deliberation as a term in the context of theories of democracy. It is there a name for the process of consensus building. Approaches which can already be found in the soviet democracy (Talk to the satisfaction of the other part, voting as a last resort decision-making ) of the 19th and 20th centuries. The democratic model of Deliberative democracy was developed in the second half of the 20th century. It is directly related to the discourse theory of Jürgen Habermas and relies on public and communicative discourse. Benjamin R. Barber said in his 1984 published book Strong Democracy: Participatory Politics for A New Age of the " never-ending process of deliberation, decision and action ."