Constitutional Dialogue

Rights, Democracy, Institutions

Series:

Author:

Geoffrey Sigalet, Stanford University, California
Grégoire Webber, Queen's University, Ontario
Rosalind Dixon, University of New South Wales, Sydney

Published:

April 2019

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9781108281201

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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.

Breaks important new ground in political and constitutional theory
The contributors are drawn from multiple intersecting disciplines and subfields
Exposes readers to different regional perspectives

Product details

Published: April 2019
Format: Adobe eBook Reader
ISBN: 9781108281201
Length: 0 pages
Availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.

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Contents

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.

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About the authors

Contributors

Geoffrey Sigalet, Grégoire Webber, Rosalind Dixon, Alison Young, Jacob T. Levy, Jeff King, Dwight Newman, Janet L. Hiebert, James B. Kelly, Kent Roach, Rivka Weill, John Finnis, Stephen Macedo, Dennis Baker, Frederick Schauer, Richard Ekins

Editors

Geoffrey Sigalet , Stanford University, California
Geoffrey Sigalet is a post-doctoral fellow in the Faculty of Law at Queen's University and a non-resident fellow at the Stanford Constitutional Law Center, Stanford University, California. He completed his Ph.D. in political theory and public law at Princeton University, where his dissertation developed a neo-republican political theory of 'dialogical' judicial review and constitutional interpretation.
Grégoire Webber , Queen's University, Ontario
Grégoire Webber holds the Canada Research Chair in Public Law and Philosophy of Law at Queen's University, Ontario and is a Visiting Senior Fellow at the London School of Economics and Political Science. He is the author of The Negotiable Constitution: On the Limitation of Rights (Cambridge, 2009), joint editor of Proportionality and the Rule of Law: Rights, Justification, Reasoning (Cambridge, 2014), and joint author of Legislated Rights: Securing Human Rights through Legislation (Cambridge, 2018).
Rosalind Dixon , University of New South Wales, Sydney
Rosalind Dixon is a Professor of Law, at University of New South Wales, Sydney, and Co-President of the International Society of Public Law. Her work has been published in leading journals in the US, Canada, the UK, and Australia. She was previously an assistant professor at the University of Chicago Law School, and has been a visiting professor at the University of Chicago, Columbia Law School, Harvard Law School, and the National University of Singapore.

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