In the Shadow of Judicial Supremacy: Putting the Idea of Judicial Dialogue in Its Place

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 constitutional dialogue may take place amid the judicialization of constitutional politics, albeit in the shadow of judicial supremacy.     

“In the Corridors of Power”: How the Animal Movement Changed Australian Politics, 1979–1991

Foreshadowed by the anti‐war cause, women's and gay liberation struggles, and the conservation movement, and inspired by Peter Singer's 1975 book Animal Liberation, a fresh wave of animal activism emerged in Australia in the mid‐seventies. In the struggle for animal rights, campaigners used a range of methods, but what characterised the eighties was their lobbying. They engaged politicians, built alliances, and participated in the state. By doing so, they changed Australian politics: they extended the political agenda; influenced public policy; and reshaped the state bureaucracy to include new avenues for addressing animal protection. At the same time, their outcomes were limited, sometimes founded on compromise and failure. The property status of animals was a fundamental constraint that produced differentiated and contradictory policy outcomes. The degree to which the animal movement succeeded in reducing animal suffering is a contentious matter that divides minimalist and maximalist accounts. Ultimately, however, animal advocates were instrumental in advancing the basic animal protection framework evident in Australia today.     

The Legal Culture of Political Representation: Evolution and Balance of Its Current Situation Within Democracies

This work studies the issue of political representation from the perspective of a specific legal culture, the exercise of political rights in the context of the occidental democratic system, a concept that has undergone a profound evolution to the present day. The essential aspects for an analysis of this progression are voting, decision making, and the relationship between representatives and their constituents. Overall, the phenomena making up the crisis of representation have been explained as a result of changes that have affected the operation and structure of modern states constituted as representative democracies. The idea is that a well-functioning representative system comes primarily from the form of government and electoral system in which it develops.