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  1. In the Shadow of Judicial Supremacy: Putting the Idea of Judicial Dialogue in Its Place.Ming-Sung Kuo - 2016 - Ratio Juris 29 (1):83-104.
    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 (...)
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  • Discovering Sovereignty in Dialogue: Is Judicial Dialogue the Answer to Constitutional Conflict in the Pluralist Legal Landscape?Ming-Sung Kuo - 2013 - Canadian Journal of Law and Jurisprudence 26 (2):341-376.
    Legal scholars have been inspired by the dialogic approach and rallied around it as the solution to constitutional conflict in domestic constitutional orders and the transnational legal landscape. This paper aims to show that the gravitation towards judicial dialogue in contemporary constitutional theory misses the point, given the ambiguities surrounding it. My investigation reveals that the dialogic approach does not succeed in guiding the inter-departmental or inter-regime interactions in a way that no single power would exert unilateral domination. The emergence (...)
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  • End of the Conversation or Recasting Constitutional Dialogue?Alun Gibbs - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (1):127-143.
    Constitutional dialogue has become an influential concept to understand the relationship between courts and other the institutional branches of the state, with the primary focus being on legislatures. More recently, the place of dialogue within the constitutional literature has been challenged as vague; providing a potential to over-reach or overstate the judicial role and distorting the reality of practices which in fact shape the relationship between courts and other institutions. Critics have placed into focus the question: should constitutional scholarship abandon (...)
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