Constitutional Dialogue
Rights, Democracy, Institutions

Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.

Geoffrey Sigalet (Edited by), Grégoire Webber (Edited by), Rosalind Dixon (Edited by)

9781108405485, Cambridge University Press

Paperback / softback, published 26 November 2020

485 pages
22.9 x 15.3 x 2.5 cm, 0.678 kg

The metaphor of 'dialogue' has been put to different descriptive and evaluative uses by constitutional and political theorists studying interactions between institutions concerning rights. It has also featured prominently in the opinions of courts and the rhetoric and deliberations of legislators. This volume brings together many of the world's leading constitutional and political theorists to debate the nature and merits of constitutional dialogues between the judicial, legislative, and executive branches. Constitutional Dialogue explores dialogue's democratic significance, examines its relevance to the functioning and design of constitutional institutions, and covers constitutional dialogues from an international and transnational perspective.

1. Introduction: the 'what' and 'why' of constitutional dialogue Geoffrey Sigalet, Grégoire Webber and Rosalind Dixon
Part I. Dialogue and Democracy: 2. Dialogue and its myths Alison Young
3. Departmentalism and dialogue Jacob T. Levy
4. On dialogue and domination Geoffrey Sigalet
Part II. Dialogue and Institutions: 5. Past, present, and justice in the exercise of judicial responsibility Grégoire Webber
6. Dialogue and deference Rosalind Dixon
7. Dialogue, finality, and legality Jeff King
Part III. Dialogue and Rights: 8. Canada's notwithstanding clause, dialogue, and constitutional identities Dwight Newman
9. Intra-parliamentary dialogues in New Zealand and the UK Janet L. Hiebert and James B. Kelly
10. Dialogue in Canada and the dangers of simplified comparative law and populism Kent Roach
11. Bills of rights with strings attached: protecting the past from judicial review Rivka Weill
Part IV. Case Studies of Dialogue: 12. Prisoners' voting and judges' powers John Finnis
13. 'All's well that ends well?' Same-sex marriage and constitutional dialogue Stephen Macedo
14. A feature, not a bug: a co-ordinate moment in Canadian constitutionalism Dennis Baker
Part V. International and Transnational Dialogues: 15. Dialogue and its discontents Frederick Schauer
16. Constitutional conversations in Britain (and Europe) Richard Ekins.

Subject Areas: Constitutional & administrative law [LND], Public international law [LBB], Comparative politics [JPB]