From Dialogue to Engagement

Aruna Sathanapally

in Beyond Disagreement

Published in print October 2012 | ISBN: 9780199669301
Published online January 2013 | e-ISBN: 9780191744648 | DOI:
From Dialogue to Engagement

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While concerned with the legislature, the new dialogue literature has so far not recognised or accounted for the deliberative turn in democratic theory, and has not given sustained attention to legislative deliberation. This chapter addresses this shortcoming, arguing that weak-form review is a good conceptual fit to a deliberative understanding of democracy; a promising institutional design to advance the accountability and justification of public action. The chapter explores the implications of thinking about interactions between courts and legislatures over fundamental rights as a deliberative (as opposed to majoritarian) democrat, including the twin dangers of executive and judicial dominance which can undermine the legislature’s engagement on human rights. It further develops the framework for analysing the case study of declarations of incompatibility in the UK.

Keywords: legislature; Parliament; deliberative democracy; weak-form review; executive dominance; judicialisation; compliance; international human rights law

Chapter.  11193 words. 

Subjects: Human Rights and Immigration

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