Introduction: The 'What' and 'Why' of Constitutional Dialogue

Abstract

The metaphor of 'dialogue' has been put to different descriptive and evaluative uses by constitutional and political theorists studying interactions between institutions concerning rights. It has also featured prominently in the opinions of courts and the rhetoric and deliberations of legislators. Constitutional Dialogue: Rights, Democracy, Institutions (Cambridge University Press, 2019) brings together many of the world's leading constitutional and political theorists to debate the nature and merits of constitutional dialogues between the judicial, legislative, and executive branches. The volume explores dialogue's democratic significance, examines its relevance to the functioning and design of constitutional institutions, and covers constitutional dialogues from an international and transnational perspective. This paper is reprinted from the volume's introductory chapter, which provides a review of the metaphor of dialogue across jurisdictions, and introduces the arguments of the contributing authors.