The New Responsive Constitutionalism.
Ideas of responsive law and regulation have been the subject of sustained scholarly attention but only recently have scholars turned their attention to what these ideas mean for constitutional law and governance. The article addresses this gap in the literature by exploring the idea of responsivenes...
| Publicado en: | Modern Law Review Vol. 87; no. 4; pp. 799 - 833 |
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| Formato: | Artículo |
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Wiley-Blackwell
Jul2024
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=177903643&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 177903643 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 00267961 D8H jtl: Modern Law Review issn: 00267961 maglogo: Y pubinfo: dt: Jul2024 vid: 87 iid: 4 pid: 480 pub: Wiley-Blackwell artinfo: ui: 177903643 10.1111/1468-2230.12853 ppf: 799 ppct: 34 formats: fmt: – @attributes: type: T – @attributes: type: P size: 336KB tig: atl: The New Responsive Constitutionalism. aug: au: Dixon, Rosalind su: Constitutionalism Constitutional law Pluralism Courts Law reviews sug: subj: Constitutionalism Constitutional law Pluralism Courts Law reviews ab: Ideas of responsive law and regulation have been the subject of sustained scholarly attention but only recently have scholars turned their attention to what these ideas mean for constitutional law and governance. The article addresses this gap in the literature by exploring the idea of responsiveness in constitutional design and interpretation. It suggests that the idea of responsive constitutionalism points to the importance of both unwritten and written, and politically and judicially‐enforced, constitutional norms in promoting democratic responsiveness. In turn, responsive constitutionalism also reinforces the value of: (1) institutional pluralism; (2) overlapping institutional authority; (3) multiple access points to institutions; and (4) broad remedial power for relevant institutions, including courts. It further suggests the need for a true balance between constitutional norms that promote rights‐enhancing forms of state action and limits on state action. And finally, it points to the value of strong institutional checks and balances and entrenchment of the 'minimum core' of a democratic constitution, but a more flexible set of constraints in other contexts, where the aim of a responsive constitutional model is to promote dialogue between courts and legislators. The article explores these ideas by reference to existing constitutional theoretic ideas but also through illustrations drawn from Australia, Kenya and the United Kingdom. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Modern Law Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Modern Law Review holder: Wiley-Blackwell dt: @attributes: year: 2024 holdings: @attributes: islocal: N |
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