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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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From Inter-institutional Interactions to Democratic Dialogue

From Inter-institutional Interactions to Democratic Dialogue

(p.147) 5 From Inter-institutional Interactions to Democratic Dialogue
Democratic Dialogue and the Constitution

Alison L Young

Oxford University Press

The chapter argues that institutional interactions can facilitate a better protection of human rights, help to engage citizens in the protection of rights, and provide a means of checks and balance. The chapter develops a normative framework for democratic dialogue, evaluating the type of inter-institutional interactions better able to facilitate democratic dialogue. It argues that institutions should focus on facilitating constitutional collaboration, with constitutional counter-balancing being used when one institution believes the other has transgressed the proper scope of its constitutional powers. It argues that to facilitate a better protection of human rights, institutions should give weight to the reasoning of other institutions, according to their relative ability to reason about rights. It recognizes that dialogue can, if misinterpreted, harm the separation of powers and the independence of the judiciary. It needs to be applied in a manner which is sensitive to the distribution of power in any particular constitution.

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

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