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Sitting at the Same Table: a cross-disciplinary 'constitutional-institutionalist' approach to the study of constitutions.

  • Published In: International Journal of Law in Context, 2023, v. 19, n. 2. P. 255 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Passchier, Reijer; Stremler, Maarten 3 of 3

Abstract

This article presents a cross-disciplinary approach to the study of constitutions: 'constitutional institutionalism'. Conventional approaches in law, philosophy or political science tend to reduce constitutions either to their formal, factual or ideal aspects. The constitutional-institutionalist approach, by contrast, seeks to integrate these aspects into a more general perspective by focusing on the dynamic interplay between constitutional actors and constitutional norms. It understands constitutional norms as binding institutions that shape and constrain political action, but never fully determine it. Constitutional institutionalism furthermore asserts that constitutional norms, whatever form they take, only have meaning in relation to other constitutional norms as well as to constitutional actors, who impose meaning on these norms. Therefore, constitutional phenomena ultimately require interpretive explanations. This article concludes with a brief constitutional-institutionalist research agenda. [ABSTRACT FROM AUTHOR]

Additional Information

  • Source:International Journal of Law in Context. 2023/06, Vol. 19, Issue 2, p255
  • Document Type:Article
  • Subject Area:History
  • Publication Date:2023
  • ISSN:1744-5523
  • DOI:10.1017/S1744552323000034
  • Accession Number:172285071
  • Copyright Statement:Copyright of International Journal of Law in Context is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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