Topics in Comparative Constitutionalism - 'Dialogue, Finality and Legality'

The relationship between judges and legislatures under Bills of Rights is often described as a form of ‘dialogue’.  In this seminar, we will take a critical look at the connotations and implications of the idea of dialogue, examining both the insights and possible distortions it can produce.

Reading:

*Jeff King, ‘Dialogue, Finality and Legality’ 

*Aileen Kavanagh, ‘The Lure and the Limits of Dialogue’ (2016) 66 UTLJ 83

In this seminar series, we will discuss some key topics in comparative constitutionalism, drawing out some of the theoretical questions which underpin them.

The seminars will be led by Aileen Kavanagh and various visiting speakers.  Each seminar will start with a short presentation by each of the speakers, followed by a roundtable discussion.  The seminars will look closely at just two or three readings, mostly from recently published work or work-in-progress by the speakers.  The readings are hyperlinked below so that people can read them in advance and join in the roundtable discussion. 

The seminar is not associated with any particular course or examination, but all are welcome to attend.  The seminar may be of interest to graduate students in the Law Faculty, especially BCL/MJur students taking Constitutional Theory, Comparative Human Rights and Comparative Public Law, or to research students working in the areas of constitutional law, constitutional theory or comparative constitutional law.