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Democratic Dialogue and the Constitution$
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Alison L Young

Print publication date: 2017

Print ISBN-13: 9780198783749

Published to Oxford Scholarship Online: March 2017

DOI: 10.1093/acprof:oso/9780198783749.001.0001

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Democratic Dialogue and the Dynamic Approach

Democratic Dialogue and the Dynamic Approach

(p.69) 2 Democratic Dialogue and the Dynamic Approach
Democratic Dialogue and the Constitution

Alison L Young

Oxford University Press

The chapter investigates whether democr atic dialogue is distinct because it provides a dynamic account of constitutions, focusing on interactions between institutions and the way in which human rights values are formed through these interactions. It explains how dynamic interactions are common to all accounts of democratic dialogue. However, it also recognizes that there are accounts of both legal and political constitutionalism which focus on dynamic interactions. As such, although dynamic interactions may be a necessary component of democratic dialogue, it is not sufficient to distinguish democratic dialogue from legal and political constitutionalism. Again, we appear to be left with the conclusion that democratic dialogue is either ubiquitous or non-existent.

Keywords:   constitutional law, constitutional theory, democratic dialogue, legal constitutionalism, political constitutionalism

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