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Constitutional Dialogue: Rights, Democracy, Institutions

Constitutional Dialogue: Rights, Democracy, Institutions

Author: Geoffrey Sigalet; Gregoire Webber; Rosalind Dixon
Publisher: Cambridge University Press
ISBN: 9781108405485

Published In: November 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781108417587

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Description
Contents

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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 covers constitutional dialogues from an international and transnational perspective.

Breaks important new ground in political and constitutional theory
The contributors are drawn from multiple intersecting disciplines and subfields
Exposes readers to different regional perspectives

1. Introduction: the 'what' and 'why' of constitutional dialogue - Geoffrey Sigalet, Grégoire 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 - Grégoire 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