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Reassessing The Dialogic Possibilities Of Weak-Form Bills Of Rights, Christine A. Bateup
Reassessing The Dialogic Possibilities Of Weak-Form Bills Of Rights, Christine A. Bateup
Christine A Bateup
In recent years, weak-form bills of rights have generated much excitement in contemporary constitutional scholarship because they are believed to create a new balance between parliamentary and judicial supremacy based on inter-branch “dialogue” between courts and legislatures. Few scholars, however, have examined the foundational question of whether judges and legislators can actually be expected to behave in a way that realizes the dialogic potential of weak-form instruments. This Article takes a new approach to this question, applying the insights of positive theory to engage in a comprehensive assessment of the behavior we can realistically expect of courts and legislatures in …