
Contents
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I. The Value of Inter-institutional Interactions I. The Value of Inter-institutional Interactions
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A. A better protection of human rights A. A better protection of human rights
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B. Deliberation and engaging citizens B. Deliberation and engaging citizens
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C. Checks and balances and the safety valve function C. Checks and balances and the safety valve function
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II. A Normative Framework for Democratic Dialogue II. A Normative Framework for Democratic Dialogue
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A. Constitutional collaboration or constitutional counter-balancing? A. Constitutional collaboration or constitutional counter-balancing?
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B. Mechanisms B. Mechanisms
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C. Exercise C. Exercise
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D. Weaknesses D. Weaknesses
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III. Conclusion III. Conclusion
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5 From Inter-institutional Interactions to Democratic Dialogue
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Published:January 2017
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Abstract
The chapter argues that institutional interactions can facilitate a better protection of human rights, help to engage citizens in the protection of rights, and provide a means of checks and balance. The chapter develops a normative framework for democratic dialogue, evaluating the type of inter-institutional interactions better able to facilitate democratic dialogue. It argues that institutions should focus on facilitating constitutional collaboration, with constitutional counter-balancing being used when one institution believes the other has transgressed the proper scope of its constitutional powers. It argues that to facilitate a better protection of human rights, institutions should give weight to the reasoning of other institutions, according to their relative ability to reason about rights. It recognizes that dialogue can, if misinterpreted, harm the separation of powers and the independence of the judiciary. It needs to be applied in a manner which is sensitive to the distribution of power in any particular constitution.
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