Constitutional Dialogue: Rights, Democracy, Institutions

Administrative / Constitutional Law

Constitutional Dialogue: Rights, Democracy, Institutions

Edited by Geoffrey Sigalet · Gregoire Webber
Cambridge University Press April 2019

Specifications

ISBN-13
9781108417587
Publisher
Cambridge University Press
Publication
April 2019
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

The metaphor of 'dialogue' has been put to different descriptive and evaluative uses by constitutional and political theorists studying interactions between institutions concerning rights.

It has also featured prominently in the opinions of courts and the rhetoric and deliberations of legislators. This volume brings together many of the world's leading constitutional and political theorists to debate the nature and merits of constitutional dialogues between the judicial, legislative, and executive branches.

Constitutional Dialogue explores dialogue's democratic significance, examines its relevance to the functioning and design of constitutional institutions, and explores constitutional dialogues from an international and transnational perspective.

Table of Contents

1. Introduction: The 'What' and 'Why' of Constitutional Dialogue Geoffrey Sigalet, Gregoire Webber and Rosalind Dixon

Part I. Dialogue And Democracy:
2. Dialogue and its Myths Alison Young
3. Departmentalism and Dialogue Jacob T. Levy
4. On Dialogue and Domination Geoffrey Sigalet

Part II. Dialogue And Institutions:
5. Past, Present, and Justice in the Exercise of Judicial Responsibility Gregoire Webber
6. Dialogue and Deference Rosalind Dixon
7. Dialogue, Finality, and Legality Jeff King

Part III. Dialogue And Rights:
8. Canada's Notwithstanding Clause, Dialogue, and Constitutional Identities Dwight Newman
9. Intra-Parliamentary Dialogues in New Zealand and the UK Janet L. Hiebert and James B. Kelly
10. Dialogue in Canada and the Dangers of Simplified Comparative Law and Populism Kent Roach
11. Bills of Rights with Strings Attached: Protecting the Past from Judicial Review Rivka Weill

Part IV. Case Studies Of Dialogue:
12. Prisoners' Voting and Judges' Powers John Finnis
13. 'All's Well That Ends Well?' Same-Sex Marriage and Constitutional Dialogue Stephen Macedo
14. A Feature, Not a Bug: A Co-Ordinate Moment in Canadian Constitutionalism Dennis Baker

Part V. International And Transnational Dialogues: 15. Dialogue and its Discontents Frederick Schauer
16. Constitutional Conversations in Britain (and Europe) Richard Ekins.
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