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Democratic Dialogue and the Constitution | Oxford Scholarship Online
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Democratic Dialogue and the Constitution

Alison L Young

Abstract

Constitutions divide into those which empower courts to strike down legislation which contravenes human rights and those which do not. The Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts; dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue ... More

Keywords: constitutional theory, democratic dialogue, commonwealth model, judicial dialogue, UK constitutional law, comparative constitutional law, human rights law, European Union law, European Convention on Human Rights

Bibliographic Information

Print publication date: 2017 Print ISBN-13: 9780198783749
Published to Oxford Scholarship Online: March 2017 DOI:10.1093/acprof:oso/9780198783749.001.0001

Authors

Affiliations are at time of print publication.

Alison L Young, author
Professor of Public Law, University of Oxford