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Abstract

This chapter begins with a discussion of the debate about judicial supremacy versus parliamentary supremacy, on the basis of Jeremy Waldron’s criti­cism on judicial review; it then takes a critical stand on Waldron’s theses, on the basis of the theory of constitutional (institutional) dialogues. The core argument of the text is that the criticism to the judicial review developed by Jeremy Waldron can contribute to a defence of the theory of constitutional dialogues. The chapter con­cludes with a clarification of what this dialogical perspective entails.

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Source: Bustamante Thomas, Fernandes Bernardo. Democratizing Constitutional Law: Perspectives on Legal Theory and the Legitimacy of Constitutionalism. Springer International Publishing,2016. — 327 p.. 2016
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