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Constitutional Dialogue: Rights, Democracy, Institutions

Constitutional Dialogue: Rights, Democracy, Institutions

作者： Geoffrey Sigalet; Gregoire Webber; Rosalind Dixon
出版商： Cambridge University Press
ISBN: 9781108405485
出版时间 November 2020
规格： Paperback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781108417587

￥512.30

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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
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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