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'Constitutional Dialogue': An Overview

Anne Meuwese

Tilburg University

Marnix Snel

Tilburg Law School

March 27, 2013

Utrecht Law Review, Vol. 9, No. 2, p. 123-140, March 2013

It is clear that 'constitutional dialogue' often serves as a convenient metaphor, but how can we employ it in such a way that it advances contemporary research in public law? This article presents a structured literature review on the subject, draws out certain possible caveats and provides suggestions for how to forge ahead with developing and using the concept of 'constitutional dialogue'. We explore various theoretical approaches to 'constitutional dialogue' in relation to different institutional settings. The concept of constitutional dialogue can be applied in institutional settings beyond courts and legislatures and is increasingly being applied in such a way. As part of our exploration of the implications for legal research we propose distinguishing between the use of 'constitutional dialogue' as a 'lens' and as a 'method' and making a clear choice between empirical and normative analysis.

Number of Pages in PDF File: 18

Keywords: constitutional dialogue, legal methodology, legal theory

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Date posted: April 5, 2013  

Suggested Citation

Meuwese, Anne and Snel, Marnix, 'Constitutional Dialogue': An Overview (March 27, 2013). Utrecht Law Review, Vol. 9, No. 2, p. 123-140, March 2013. Available at SSRN: http://ssrn.com/abstract=2244818

Contact Information

Anne C.M. Meuwese (Contact Author)
Tilburg University ( email )
Marnix Snel
Tilburg Law School ( email )
Tilburg, 5000 LE
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