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Democratic dialogue and the constitution / Alison L Young.

By: Young, Alison L.
Material type: TextTextPublisher: Oxford Oxford University Press 2017Description: xvi, 308 pages ; 24 cm.ISBN: 9780198783749 .Subject(s): Great Britain. Human Rights Act 1998 | Human Rights Act 1998 (Great Britain) | Constitutional law -- Great Britain | Constitutional history -- Great Britain | Constitutional history | Constitutional law | Politics and government | Great Britain -- Politics and government | Great BritainDDC classification: 342.41 Summary: Contents Cover; Democratic Dialogue and the constitution; Copyright; Dedication; Table of Contents; Table of Authorities; Introduction; I. A Brief Introduction to Democratic Dialogue: Panacea or Placebo?; II. Prisoner Voting: A Franchise too Far?; III. Defining Dialogue-​A Distinct Constitutional Model?; IV. Inevitable Collapse?; A. Unstable democratic dialogue; B. Unstable legal and political constitutionalism; V. Outline of the Argument; 1. The Problem with Control; I. Parliament or the Courts?; II. No Middle Ground?; A. Practical impossibility; B. Normative impossibility; III. Overlap. A. Core cases for and against strong judicial protections of human rightsB. Legal constitutionalism, political constitutionalism, and control of the executive; IV. Conclusion; 2. Democratic Dialogue and the Dynamic Approach; I. Democratic Dialogue is Dynamic; II. Dynamic Legal Constitutionalism; III. Dynamic Political Constitutionalism; IV. Conclusion; 3. Re-​defining Democratic Dialogue; I. Constitutional Foundational Assumptions; II. Does Democratic Dialogue Rest on a Different Constitutional Foundational Assumption? A. Re-​evaluating the difference between legal and political constitutionalismB. Democratic dialogue: occupying the middle ground?; III. Re-​visiting Inter-​institutional Interactions; A. Dynamic legal and political constitutionalism re-​visited; B. Dialogue and the culture of justification: a stable middle ground?; C. Is democratic dialogue defunct?; IV. Conclusion; 4. Inter-​institutional Interactions; I. Mechanisms of Inter-​institutional Interaction; A. Institutional interactions under the commonwealth model of rights protections. B. Refining our understanding of inter-​institutional interactionsII. Inter-​institutional Interactions outside the Commonwealth Model; A. Courts; B. Law-​makers; III. Evaluation of Inter-​institutional Interactions; IV. Conclusion; 5. From Inter-​institutional Interactions to Democratic Dialogue; I. The Value of Inter-​institutional Interactions; A. A better protection of human rights; B. Deliberation and engaging citizens; C. Checks and balances and the safety valve function; II. A Normative Framework for Democratic Dialogue. A. Constitutional collaboration or constitutional counter-​balancing?B. Mechanisms; C. Exercise; D. Weaknesses; III. Conclusion; 6. Democratic Dialogue and the UK Constitution; I. General Assumptions; II. Specific Assumptions; A. Constitutional balance; B. Distinct and complementary roles; III. Conclusion; 7. Democratic Dialogue and UK Human Rights Law; I. Human Rights Protections in the United Kingdom; A. Plethora of protection; B. A range of inter-​institutional interactions; II. Inter-​institutional Interactions between the Legislature and the Judiciary. Introduction The problem with control Democratic dialogue and the dynamic approach Re-defining democratic dialogue Inter-institutional interactions From inter-institutional interactions to democratic dialogue Democratic dialogue and the UK Constitution Democratic dialogue and UK human rights law Dialogue between courts Conclusion. Machine generated contents note: I.A Brief Introduction to Democratic Dialogue: Panacea or Placebo? II.Prisoner Voting: A Franchise too Far? III.Defining Dialogue -A Distinct Constitutional Model? IV.Inevitable Collapse? A.Unstable democratic dialogue B.Unstable legal and political constitutionalism V.Outline of the Argument 1.The Problem with Control I.Parliament or the Courts? II.No Middle Ground? A.Practical impossibility B.Normative impossibility III.Overlap A.Core cases for and against strong judicial protections of human rights B.Legal constitutionalism, political constitutionalism, and control of the executive IV.Conclusion 2.Democratic Dialogue and the Dynamic Approach I.Democratic Dialogue is Dynamic II.Dynamic Legal Constitutionalism III.Dynamic Political Constitutionalism 3.Re-defining Democratic Dialogue I.Constitutional Foundational Assumptions Contents note continued: II.Does Democratic Dialogue Rest on a Different Constitutional Foundational Assumption? A.Re-evaluating the difference between legal and political constitutionalism B.Democratic dialogue: occupying the middle ground? III.Re-visiting Inter-institutional Interactions A.Dynamic legal and political constitutionalism re-visited B.Dialogue and the culture of justification: a stable middle ground? C.Is democratic dialogue defunct? 4.Inter-institutional Interactions I.Mechanisms of Inter-institutional Interaction A.Institutional interactions under the commonwealth model of rights protections B.Refining our understanding of inter-institutional interactions II.Inter-institutional Interactions outside the Commonwealth Model A.Courts B.Law-makers III.Evaluation of Inter-institutional Interactions 5.From Inter-institutional Interactions to Democratic Dialogue Contents note continued: I.The Value of Inter-institutional Interactions A.A better protection of human rights B.Deliberation and engaging citizens C.Checks and balances and the safety valve function II.A Normative Framework for Democratic Dialogue A.Constitutional collaboration or constitutional counter-balancing? B.Mechanisms C.Exercise D.Weaknesses III.Conclusion 6.Democratic Dialogue and the UK Constitution I.General Assumptions II.Specific Assumptions A.Constitutional balance B.Distinct and complementary roles 7.Democratic Dialogue and UK Human Rights Law I.Human Rights Protections in the United Kingdom A.Plethora of protection B.A range of inter-institutional interactions II.Inter-institutional Interactions between the Legislature and the Judiciary A.Democratic dialogue and the Human Rights Act 1998 B.Illustration C.Dialogue and the common law Contents note continued: 8.Dialogue between Courts I.Institutional and Constitutional Differences II.Dialogue between the UK Courts and the European Court of Human Rights A.Constitutional collaboration B.Constitutional counter-balancing III.Dialogue between the UK Courts and the Court of Justice of the European Union A.Democratic dialogue and the EU B.Constitutional collaboration C.Constitutional counter-balancing Conclusion I.The British Bill of Rights II.Brexit III.Conclusion.
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Books Books Symbiosis Law School, Noida

                 

 

342.41 YOU.D (Browse shelf) Available SLSN-B-12376

Includes bibliographical references and index.

Contents
Cover; Democratic Dialogue and the constitution; Copyright; Dedication; Table of Contents; Table of Authorities; Introduction; I. A Brief Introduction to Democratic Dialogue: Panacea or Placebo?; II. Prisoner Voting: A Franchise too Far?; III. Defining Dialogue-​A Distinct Constitutional Model?; IV. Inevitable Collapse?; A. Unstable democratic dialogue; B. Unstable legal and political constitutionalism; V. Outline of the Argument; 1. The Problem with Control; I. Parliament or the Courts?; II. No Middle Ground?; A. Practical impossibility; B. Normative impossibility; III. Overlap.
A. Core cases for and against strong judicial protections of human rightsB. Legal constitutionalism, political constitutionalism, and control of the executive; IV. Conclusion; 2. Democratic Dialogue and the Dynamic Approach; I. Democratic Dialogue is Dynamic; II. Dynamic Legal Constitutionalism; III. Dynamic Political Constitutionalism; IV. Conclusion; 3. Re-​defining Democratic Dialogue; I. Constitutional Foundational Assumptions; II. Does Democratic Dialogue Rest on a Different Constitutional Foundational Assumption?
A. Re-​evaluating the difference between legal and political constitutionalismB. Democratic dialogue: occupying the middle ground?; III. Re-​visiting Inter-​institutional Interactions; A. Dynamic legal and political constitutionalism re-​visited; B. Dialogue and the culture of justification: a stable middle ground?; C. Is democratic dialogue defunct?; IV. Conclusion; 4. Inter-​institutional Interactions; I. Mechanisms of Inter-​institutional Interaction; A. Institutional interactions under the commonwealth model of rights protections.
B. Refining our understanding of inter-​institutional interactionsII. Inter-​institutional Interactions outside the Commonwealth Model; A. Courts; B. Law-​makers; III. Evaluation of Inter-​institutional Interactions; IV. Conclusion; 5. From Inter-​institutional Interactions to Democratic Dialogue; I. The Value of Inter-​institutional Interactions; A. A better protection of human rights; B. Deliberation and engaging citizens; C. Checks and balances and the safety valve function; II. A Normative Framework for Democratic Dialogue.
A. Constitutional collaboration or constitutional counter-​balancing?B. Mechanisms; C. Exercise; D. Weaknesses; III. Conclusion; 6. Democratic Dialogue and the UK Constitution; I. General Assumptions; II. Specific Assumptions; A. Constitutional balance; B. Distinct and complementary roles; III. Conclusion; 7. Democratic Dialogue and UK Human Rights Law; I. Human Rights Protections in the United Kingdom; A. Plethora of protection; B. A range of inter-​institutional interactions; II. Inter-​institutional Interactions between the Legislature and the Judiciary.
Introduction
The problem with control
Democratic dialogue and the dynamic approach
Re-defining democratic dialogue
Inter-institutional interactions
From inter-institutional interactions to democratic dialogue
Democratic dialogue and the UK Constitution
Democratic dialogue and UK human rights law
Dialogue between courts
Conclusion.
Machine generated contents note: I.A Brief Introduction to Democratic Dialogue: Panacea or Placebo?
II.Prisoner Voting: A Franchise too Far?
III.Defining Dialogue
-A Distinct Constitutional Model?
IV.Inevitable Collapse?
A.Unstable democratic dialogue
B.Unstable legal and political constitutionalism
V.Outline of the Argument
1.The Problem with Control
I.Parliament or the Courts?
II.No Middle Ground?
A.Practical impossibility
B.Normative impossibility
III.Overlap
A.Core cases for and against strong judicial protections of human rights
B.Legal constitutionalism, political constitutionalism, and control of the executive
IV.Conclusion
2.Democratic Dialogue and the Dynamic Approach
I.Democratic Dialogue is Dynamic
II.Dynamic Legal Constitutionalism
III.Dynamic Political Constitutionalism
3.Re-defining Democratic Dialogue
I.Constitutional Foundational Assumptions
Contents note continued: II.Does Democratic Dialogue Rest on a Different Constitutional Foundational Assumption?
A.Re-evaluating the difference between legal and political constitutionalism
B.Democratic dialogue: occupying the middle ground?
III.Re-visiting Inter-institutional Interactions
A.Dynamic legal and political constitutionalism re-visited
B.Dialogue and the culture of justification: a stable middle ground?
C.Is democratic dialogue defunct?
4.Inter-institutional Interactions
I.Mechanisms of Inter-institutional Interaction
A.Institutional interactions under the commonwealth model of rights protections
B.Refining our understanding of inter-institutional interactions
II.Inter-institutional Interactions outside the Commonwealth Model
A.Courts
B.Law-makers
III.Evaluation of Inter-institutional Interactions
5.From Inter-institutional Interactions to Democratic Dialogue
Contents note continued: I.The Value of Inter-institutional Interactions
A.A better protection of human rights
B.Deliberation and engaging citizens
C.Checks and balances and the safety valve function
II.A Normative Framework for Democratic Dialogue
A.Constitutional collaboration or constitutional counter-balancing?
B.Mechanisms
C.Exercise
D.Weaknesses
III.Conclusion
6.Democratic Dialogue and the UK Constitution
I.General Assumptions
II.Specific Assumptions
A.Constitutional balance
B.Distinct and complementary roles
7.Democratic Dialogue and UK Human Rights Law
I.Human Rights Protections in the United Kingdom
A.Plethora of protection
B.A range of inter-institutional interactions
II.Inter-institutional Interactions between the Legislature and the Judiciary
A.Democratic dialogue and the Human Rights Act 1998
B.Illustration
C.Dialogue and the common law
Contents note continued: 8.Dialogue between Courts
I.Institutional and Constitutional Differences
II.Dialogue between the UK Courts and the European Court of Human Rights
A.Constitutional collaboration
B.Constitutional counter-balancing
III.Dialogue between the UK Courts and the Court of Justice of the European Union
A.Democratic dialogue and the EU
B.Constitutional collaboration
C.Constitutional counter-balancing
Conclusion
I.The British Bill of Rights
II.Brexit
III.Conclusion.

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