Constitutional dialogue : rights, democracy, institutions /
Sigalet, Geoffrey,1987-editor.
Webber, Grégoire C. N.(Grégoire Charles N.)editor.
Dixon, Rosalindeditor.
"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"--
"The metaphor of 'dialogue' has been used to describe and evaluate institutional interactions and constitutional arrangements involving many of the most fundamental questions concerning democracy and rights. It has been put to a variety of descriptive and evaluative uses by constitutional and political theorists concerned with understanding interactions between democratic institutions, particularly interactions concerning rights. But it has also featured prominently in the opinions of courts, and even the rhetoric and deliberations of legislators. This volume brings together many of the world's leading constitutional and political theorists -both proponents and critics of dialogue theory. Together, they debate the nature and merits of constitutional dialogues between the judicial, legislative, and executive branches, explore dialogue's democratic and republican significance, examine its relevance to the functioning and design of different constitutional institutions, examine rights dialogues in specific constitutional contexts and cases of dialogue concerning certain rights, and explore constitutional dialogues from an international and transnational perspective"--
Includes bibliographical references and index.
"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"--
"The metaphor of 'dialogue' has been used to describe and evaluate institutional interactions and constitutional arrangements involving many of the most fundamental questions concerning democracy and rights. It has been put to a variety of descriptive and evaluative uses by constitutional and political theorists concerned with understanding interactions between democratic institutions, particularly interactions concerning rights. But it has also featured prominently in the opinions of courts, and even the rhetoric and deliberations of legislators. This volume brings together many of the world's leading constitutional and political theorists -both proponents and critics of dialogue theory. Together, they debate the nature and merits of constitutional dialogues between the judicial, legislative, and executive branches, explore dialogue's democratic and republican significance, examine its relevance to the functioning and design of different constitutional institutions, examine rights dialogues in specific constitutional contexts and cases of dialogue concerning certain rights, and explore constitutional dialogues from an international and transnational perspective"--
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 L. 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 United Kingdom: a little less conversation, a little more action please / 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 death penalty, slavery, discriminatory practices, and 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 Coordinate 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.
Constitutional law
Constitutional law
Civil rights
Democracy
Civil rights
Constitutional law
Constitutional law
Democracy