Institutional Dimension of Constitutional Pluralism
Eric Stein Working Paper No. 3/2010
CONSTITUTIONAL PLURALISM IN EUROPE AND BEYOND, Avbelj and Komárek, eds., Hart, 2010
21 Pages Posted: 22 Mar 2010
Date Written: March 20, 2010
Constitutional pluralism, through its contestation of finality and conclusiveness, highlights the role of particular institutions which take decisions of constitutional significance. This paper argues that this institutional dimension is one of constitutional pluralism’s principal virtues. Most theories of European constitutionalism do not recognize this and leave important questions unexplored. Those that do so focus too much on conflict and choice. The paper proposes the reorientation of institutional analysis toward communication and involvement.
Keywords: constitutional pluralism - institutional analysis - institutional choice
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