| Description |
1 online resource (xvi, 308 pages) |
| 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 |
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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? |
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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 |
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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 |
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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 |
| Summary |
This book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law, and EU law. It also evaluates court-court dialogue between the UK court, the European Court of Justice, and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Online resource; title from cover image (University press scholarship online, viewed March 27, 2017) |
| Subject |
Great Britain. Human Rights Act 1998.
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| SUBJECT |
Human Rights Act 1998 (Great Britain) fast |
| Subject |
Constitutional law -- Great Britain.
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Civil rights -- Great Britain
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LAW -- Constitutional.
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LAW -- Public.
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Civil rights
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Constitutional law
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Great Britain.
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European Union.
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European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950).
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Judicial dialogue.
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Democracy.
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Human rights.
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Constitutional law.
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Constitutional theory.
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Constitutionalism.
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Laws of specific jurisdictions & specific areas of law.
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Law.
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Great Britain
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| Form |
Electronic book
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| ISBN |
9780191826450 |
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0191826456 |
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0191086282 |
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9780191086281 |
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9780191086298 |
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0191086290 |
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