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'Constitutional Dialogue': An Overview

18 Pages Posted: 5 Apr 2013  

Anne Meuwese

Tilburg University

Marnix Snel

Tilburg Law School

Date Written: March 27, 2013

Abstract

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.

Keywords: constitutional dialogue, legal methodology, legal theory

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: https://ssrn.com/abstract=2244818

Anne C.M. Meuwese (Contact Author)

Tilburg University ( email )

Netherlands

Marnix Snel

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands

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