Democratic dialogue and the constitution
Young, Alison L.
creator
text
bibliography
nyu
Oxford
Oxford University Press
2017
monographic
eng
xvi, 308 pages ; 24 cm
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.
Alison L Young.
Includes bibliographical references and index.
Great Britain.
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 Britain
342.41 YOU.D
9780198783749
160907