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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 September 2019

Inter-institutional Interactions

Inter-institutional Interactions

Chapter:
(p.117) 4 Inter-institutional Interactions
Source:
Democratic Dialogue and the Constitution
Author(s):

Alison L Young

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198783749.003.0005

The chapter investigates inter-institutional interactions. It explains how these interactions can occur in legal systems with a strong constitutional protection of rights and those with a predominantly political protection of rights, in addition to interactions occurring in commonwealth models of rights protections. These can occur through the way in which each institution exercises its constitutional powers. It also recognizes that commonwealth models of rights protections need not facilitate dialogue. Whether dialogue is facilitated depends upon how each institution exercises its powers under a commonwealth model. Nevertheless, dialogue may be better facilitated under the commonwealth model. The commonwealth model is designed to provide legal or formal mechanisms of constitutional counter-balancing. This means that these models are more likely to facilitate constitutional collaboration than legal systems with a strong constitutional or a predominantly political protection of rights.

Keywords:   constitutional law, constitutional theory, legal constitutionalism, political constitutionalism, commonwealth model, human rights

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