Jump to ContentJump to Main Navigation
Beyond DisagreementOpen Remedies in Human Rights Adjudication$
Users without a subscription are not able to see the full content.

Aruna Sathanapally

Print publication date: 2012

Print ISBN-13: 9780199669301

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199669301.001.0001

Show Summary Details
Page of

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: 21 November 2019

From Dialogue to Engagement

From Dialogue to Engagement

(p.57) 3 From Dialogue to Engagement
Beyond Disagreement

Aruna Sathanapally

Oxford University Press

While concerned with the legislature, the new dialogue literature has so far not recognised or accounted for the deliberative turn in democratic theory, and has not given sustained attention to legislative deliberation. This chapter addresses this shortcoming, arguing that weak-form review is a good conceptual fit to a deliberative understanding of democracy; a promising institutional design to advance the accountability and justification of public action. The chapter explores the implications of thinking about interactions between courts and legislatures over fundamental rights as a deliberative (as opposed to majoritarian) democrat, including the twin dangers of executive and judicial dominance which can undermine the legislature’s engagement on human rights. It further develops the framework for analysing the case study of declarations of incompatibility in the UK.

Keywords:   legislature, Parliament, deliberative democracy, weak-form review, executive dominance, judicialisation, compliance, international human rights law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .