Constitutional Reasoning as Legitimacy of Constitutional Comparison

German Law Journal 2013, 1463-1491

30 Pages Posted: 1 Oct 2014

See all articles by Konrad Lachmayer

Konrad Lachmayer

Sigmund Freud University, Faculty of Law

Date Written: September 30, 2013

Abstract

The article focuses on these questions of constitutional and comparative theory. The re-conceptualization of constitutional law from a pluralistic perspective will be the central topic in part B. Part C will focus on societal pluralism as a precondition to a new understanding of constitutional theory. Furthermore, it shows how constitutional concepts are already changing as result of a globalizing constitutional thinking. These considerations (parts B and C) lead to a pluralistic legitimacy of constitutional comparison as constitutional communication in an international constitutional network. Thus, it is possible to address global challenges to constitutions and develop strategies to deal with these challenges, as explained in part D. Finally, the article presents pluralistic comparison as a method of constitutional comparison that overcomes the binary codes of comparison -- identity or difference -- and enables a new self-understanding of constitutional reasoning by constitutional courts in constitutional comparison through participation in the global dialogue on constitutional knowledge. This approach results in the insight that considered constitutional reasoning gives the relevant legitimacy to constitutional comparison, as explained in part E.

Keywords: Comparative Constitutional Law

Suggested Citation

Lachmayer, Konrad, Constitutional Reasoning as Legitimacy of Constitutional Comparison (September 30, 2013). German Law Journal 2013, 1463-1491, Available at SSRN: https://ssrn.com/abstract=2503442

Konrad Lachmayer (Contact Author)

Sigmund Freud University, Faculty of Law ( email )

Freudplatz 3
Vienna, 1020
Austria

HOME PAGE: http://www.lachmayer.eu

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