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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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Dialogue between Courts

Dialogue between Courts

(p.255) 8 Dialogue between Courts
Democratic Dialogue and the Constitution

Alison L Young

Oxford University Press

The chapter evaluates dialogue between the UK courts and the European Court of Human Rights and the European Court of Justice. It explains how the different constitutional relationship between these two different European courts and UK courts means that they facilitate different forms of inter-institutional interactions. This is particularly the case given the principle of the primacy of directly effective European Union law, and the lack of an established doctrine of the margin of appreciation in European Union law. The chapter evaluates interactions between the UK courts and these European courts, providing a framework of interactions that are more likely to facilitate democratic dialogue.

Keywords:   constitutional law, constitutional theory, Human Rights Act 1998, human rights, European Convention on Human Rights, European Charter of Fundamental Rights, judicial dialogue, European Union law

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