Political Practice and Comparative Constitutional Change: Legal, Political, and Material Perspectives
Routledge Handbook on Comparative Constitutional Change, Xenophon Contiades & Alkmene Fotiadou (eds), Forthcoming
15 Pages Posted: 18 Apr 2019
Date Written: February 22, 2019
The chapter focuses on the methodologies used in constitutional studies for understanding the role of political practices in effecting constitutional change. Three sections are devoted to the main models for the constitutional study of political practices: legal constitutionalism, political constitutionalism and the material study of constitutional orders. After having criticised the limits of the first two approaches, the chapter provides the main methodological tenets of the material approach and puts forward the case for its stronger capacity to grasp the role of political practices and their impact on constitutional change. The last section takes up three case studies (Saudi Arabia, Switzerland and Turkey) with a view to illustrate how to identify and assess the impact of political practices on constitutional changes from the material perspective.
Keywords: material constitution, legal constitutionalism, political constitutionalism, constitutional change, comparative constitutional change, political practice
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