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Institutional dialogues: structure and legitimacy

Abstract

The article talks about the thesis of the institutional dialogues as an alternative to the judicial review legitimacy. It presents a critical view on the dichotomy between law and politics and on the proposal for strict separation of powers. Exposes the genesis of the theory of institutional dialogues in Canada and traces the difference between cases where dialogue actually occurs and when it becomes a normative demand. It deals with questions that were presented to the theories of dialogue and presents the one that would be its most promising theoretical version. Reports the mechanisms for achieving the institutional dialogue in Brazil and, at last, returns to the dichotomy between law and politics to suggest the maintenance of the institutions in which disagreements can continue to happen.

Keywords:
Institutional Dialogues; Constitutional Jurisdiction; Legitimacy

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