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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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Re-defining Democratic Dialogue

Re-defining Democratic Dialogue

(p.83) 3 Re-defining Democratic Dialogue
Democratic Dialogue and the Constitution

Alison L Young

Oxford University Press

The chapter investigates whether democratic dialogue differs from legal and political constitutionalism because it rests on a different set of foundational assumptions. It argues that political constitutionalism, legal constitutionalism, and democratic dialogue are best understood as being on a spectrum, where democratic dialogue focuses on different issues than those which form the main focus of legal and political constitutionalism. Legal constitutionalism focuses on legal controls, modifying these when there is a need to respect political controls. Political constitutionalism focuses on political controls, recognizing how legal controls may enhance political accountability. Democratic dialogue focuses on inter-institutional interactions, examining when these interactions are valuable. The chapter introduces the concepts of constitutional collaboration and constitutional counter-balancing, arguing that accounts of democratic dialogue need both of these forms of inter-institutional interaction.

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

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