In the Shadow of Judicial Supremacy: Putting the Idea of Judicial Dialogue in Its Place

51 Pages Posted: 15 Oct 2014

See all articles by Ming-Sung Kuo

Ming-Sung Kuo

University of Warwick - School of Law

Multiple version iconThere are 3 versions of this paper

Date Written: October 14, 2014

Abstract

I aim to shed theoretical light on the meaning of judicial dialogue by comparing its practice in different jurisdictions. I first examine the practice of dialogic judicial review in Westminster democracies and constitutional departmentalism in American constitutional theory, showing the tendency toward judicial supremacy in both cases. Turning finally to continental Europe, I argue that the practice of constitutional dialogue there is reconciled with its postwar tradition of judicial supremacy through the deployment of proportionality analysis-framed judicial admonition. I conclude that constitutional dialogue may take place amid the judicialization of constitutional politics, albeit in the shadow of judicial supremacy.

Keywords: Parliamentary supremacy, Judicial dialogue, Constitutional departmentalism, Judicial review

JEL Classification: K00

Suggested Citation

Kuo, Ming-Sung, In the Shadow of Judicial Supremacy: Putting the Idea of Judicial Dialogue in Its Place (October 14, 2014). Warwick School of Law Research Paper No. 2014/16. Available at SSRN: https://ssrn.com/abstract=2509767

Ming-Sung Kuo (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry, CV4 7AL
United Kingdom

HOME PAGE: http://warwick.ac.uk/fac/soc/law/people?id=4945a0b0c6550cc21bbcc89cf0b570af

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