
Contents
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I. General Assumptions I. General Assumptions
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II. Specific Assumptions II. Specific Assumptions
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A. Constitutional balance A. Constitutional balance
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(i) The traditional understanding of parliamentary sovereignty (i) The traditional understanding of parliamentary sovereignty
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(ii) Bipolar sovereignty (ii) Bipolar sovereignty
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(iii) A valid assumption? (iii) A valid assumption?
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(a) The disapplication of UK legislation (a) The disapplication of UK legislation
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(b) Parliamentary sovereignty as a principle of the common law (b) Parliamentary sovereignty as a principle of the common law
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B. Distinct and complementary roles B. Distinct and complementary roles
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(i) Section 2(1) and the Ullah principle (i) Section 2(1) and the Ullah principle
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(ii) Parliamentary privilege (ii) Parliamentary privilege
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(iii) Executive dominance (iii) Executive dominance
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III. Conclusion III. Conclusion
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6 Democratic Dialogue and the UK Constitution
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Published:January 2017
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Abstract
The chapter explains how democratic dialogue is a constitutional model, which rests on general and specific assumptions. The general assumptions are similar to those found in Waldron’s argument against a constitutional protection of rights. The specific assumption requires that no one institution is able to always prevail when interacting with the other institution. The chapter assesses the extent to which these assumptions are met in the UK constitution. In particular, it focuses on the argument that, given parliamentary sovereignty, dialogue cannot apply in the UK constitution. The chapter argues in favour of a specific form of bipolar sovereignty, arguing that this is a feasible interpretation of the UK constitution. It also dismisses claims that dialogue cannot apply in the UK constitution because of the nature of parliamentary privilege and executive dominance.
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