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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 UK Constitution

Democratic Dialogue and the UK Constitution

(p.173) 6 Democratic Dialogue and the UK Constitution
Democratic Dialogue and the Constitution

Alison L Young

Oxford University Press

The chapter explains how democratic dialogue is a constitutional model, which rests on general and specific assumptions. The general assumptions are similar to those found in Waldron’s argument against a constitutional protection of rights. The specific assumption requires that no one institution is able to always prevail when interacting with the other institution. The chapter assesses the extent to which these assumptions are met in the UK constitution. In particular, it focuses on the argument that, given parliamentary sovereignty, dialogue cannot apply in the UK constitution. The chapter argues in favour of a specific form of bipolar sovereignty, arguing that this is a feasible interpretation of the UK constitution. It also dismisses claims that dialogue cannot apply in the UK constitution because of the nature of parliamentary privilege and executive dominance.

Keywords:   constitutional law, constitutional theory, legal constitutionalism, political constitutionalism, democratic dialogue, parliamentary sovereignty, bipolar sovereignty, parliamentary privilege

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