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2 - The Promise and Perils of Dialogue

from Part I - Institutions and Interactions

Published online by Cambridge University Press:  12 October 2023

Aileen Kavanagh
Affiliation:
Trinity College Dublin
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Summary

This chapter examines the idea of ’dialogue’ as a way of conceptualising the relationship between the courts and the legislature in a system of ’weak-form review’. Tracking the trajectory of dialogue theory in Canada and in the UK, this chapter outlines the promise and perils of dialogue. By highlighting the iterative and interactive dynamic between courts and legislatures when seeking to uphold rights, the metaphor of dialogue held out the promise that it could transcend the Manichean narrative. However, the chapter argues that the idea of dialogue overpromised and underdelivered. It failed to take us beyond the Manichean narrative and ultimately provided a misleading and distorted understanding of the constitutional relationships between the branches of government in a constitutional democracy.

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Publisher: Cambridge University Press
Print publication year: 2023

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