The first part of this article sets out two possible models of proceduralization. This second part of this article begins to develop one of those forms, «thick» proceduralization, building on but modifying Habermas's model of deliberative democracy in two important respects. First, it is argued that it is not sufficient simply to call for deliberation for there is a real likelihood that even if all deliberants can be brought together true communication will be blocked by difference; difference in the modes (...) of discourse, the techniques of argument, language, and validity claims. Discourse may therefore have to be mediated through the adoption of strategies of translation, mapping, and dispute resolution. Whether regulators can or should perform such a mediating role remains however an open question. Second, it is argued that deliberative modes of policy formation and regulation are compatible with more pluralist and polyarchical arrangements than Habermas allows, and indeed that such arrangements may need to be adopted for thick proceduralization to become operative. (shrink)

The solution frequently being advocated to a range of regulatory and indeed constitutional questions is to devise procedures for participation, for democratization. The aim of this article is to explore just what the shift to procedures and to participation might involve. The article will appear in this Journal in two parts. The first part distinguishes between two possible forms of proceduralization: «thin» proceduralization, based on a liberal model of democracy, and «thick» proceduralization, based on deliberative models of democracy. In exploring (...) the latter, the article takes as its starting point the work of Habermas. Given the richness and complexity of his argument the development of the notion of thick proceduralization necessarily occurs in part through a critique of his work, for it is argued that although Habermas may provide an important starting point, his work cannot also be the end point of the debate. The second part of the article will discuss the modifications that may need to be made for «thick» proceduralization to be adopted as a regulatory strategy. (shrink)