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Beyond DisagreementOpen Remedies in Human Rights Adjudication$
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Aruna Sathanapally

Print publication date: 2012

Print ISBN-13: 9780199669301

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199669301.001.0001

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(p.223) Conclusion
Beyond Disagreement

Aruna Sathanapally

Oxford University Press

Institutional design is generally unpredictable until tried, perhaps even repeatedly tried, and this is one reason why test cases are valuable. This chapter captures the main conclusions of this book’s investigation into the innovation of declarations of incompatibility (DOIs). Drawing lessons for institutional design to support a deliberative democracy, the author argues that it is useful to think of DOIs in terms of mechanisms of ‘institutional design writ small’, for seemingly small matters of design can be significant to better realising democratic values and human rights protection.

Keywords:   institutional design, constitutional design, reasonable disagreement

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