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In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level.

Human rights --- Theory of the state --- Legal theory and methods. Philosophy of law --- Civil rights. --- Civil rights --- Constitutional law --- 342.085 --- Pe1 --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Basic rights --- Civil liberties --- Constitutional rights --- Fundamental rights --- Rights, Civil --- Political persecution --- Interpretation and construction --- Law and legislation --- Law --- General and Others --- Royaume-Uni --- Etats-Unis --- Canada --- Allemagne --- Afrique du Sud --- Israël --- Nouvelle-Zélande --- Australie --- Constitutions. --- Associations, institutions, etc.

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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. This volume 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. Constitutional Dialogue 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.

Constitutional law. --- Constitutional law --- Civil rights. --- Democracy. --- Self-government --- Political science --- Equality --- Representative government and representation --- Republics --- Basic rights --- Civil liberties --- Civil rights --- Constitutional rights --- Fundamental rights --- Rights, Civil --- Human rights --- Political persecution --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Philosophy. --- Law and legislation --- Interpretation and construction