Contents
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I. Constitutional Dialogue: Why and What? I. Constitutional Dialogue: Why and What?
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II. Defective Democracies and the Corrosion of Constitutional Dialogue II. Defective Democracies and the Corrosion of Constitutional Dialogue
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A. Political Exclusion, Economic Oppression, and Social Subordination A. Political Exclusion, Economic Oppression, and Social Subordination
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B. ‘Democratic Dissonance’ B. ‘Democratic Dissonance’
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C. Concentration of Powers and Hyper-Presidentialism: Violation of Rights, Political Instability, and an ‘Unbalanced System of Checks and Balances’ C. Concentration of Powers and Hyper-Presidentialism: Violation of Rights, Political Instability, and an ‘Unbalanced System of Checks and Balances’
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D. Social Rights and the Problem of the ‘Engine Room of the Constitution’ D. Social Rights and the Problem of the ‘Engine Room of the Constitution’
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E. Moral Perfectionism E. Moral Perfectionism
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F. Political and Social Violence F. Political and Social Violence
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III. Judicial Dialogue III. Judicial Dialogue
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A. Required, Possible, but Unlikely A. Required, Possible, but Unlikely
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B. What Could (Should) Judges do, in Favour of a Constitutional Dialogue? B. What Could (Should) Judges do, in Favour of a Constitutional Dialogue?
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1. Democracy: democratic reconstruction 1. Democracy: democratic reconstruction
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2. Deliberation: safeguarding the procedures of a deliberative democracy 2. Deliberation: safeguarding the procedures of a deliberative democracy
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3. Inclusion: expanding the political dialogue 3. Inclusion: expanding the political dialogue
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4. Authoritarianism: restoring the system of checks and balances 4. Authoritarianism: restoring the system of checks and balances
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5. Social rights: the material preconditions of democracy 5. Social rights: the material preconditions of democracy
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6. Moral perfectionism 6. Moral perfectionism
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7. Oppression/exclusion: the anticaste principle and structural reparations 7. Oppression/exclusion: the anticaste principle and structural reparations
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8. Protests: the expressive component of social protests 8. Protests: the expressive component of social protests
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IV. Dialogic Constitutionalism in the Context of Defective Democracies. The Case of Colombia and its Constitutional Court IV. Dialogic Constitutionalism in the Context of Defective Democracies. The Case of Colombia and its Constitutional Court
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V. Final Words V. Final Words
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Cite
3 Dialogic Constitutionalism in Defective Democracies
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Published:March 2021
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Abstract
This chapter studies the theory and practice of constitutional dialogue, in the context of defective democracies. Within the framework of a deliberative democracy, it argues for a dialogic approach to constitutionalism where the different branches of government and the people at large engage in a conversation with the aim of interpreting the actual implications of the fundamental constitutional values. Such conversation about the Constitution includes basic considerations about who discusses, about what they discuss, how they do it, and why they do it. The chapter then presents some of the problems that seem to be affecting constitutional democracies. It also reflects on the tasks that a committed judiciary could assume, in order to confront the existing social and institutional difficulties. Finally, the chapter looks at different cases related to actions and omissions by the Colombian Constitutional Court.
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- Re-defining Democratic DialogueAlison L Young, Oxford Academic Books, 2017
- The Straw that Broke the Constitution’s Back? Qualitative Quantity in Judicial Review of Constitutional AmendmentsYaniv Roznai, Oxford Academic Books, 2021
- Reflecting on "Talking Geometry"
Learning and Teaching Mathematics, 2009
- To the editors
I. Cassim, Learning and Teaching Mathematics, 2004
- Coming full circle
Kurt M. Coetzee, Learning and Teaching Mathematics, 2005
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