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

See all articles by Marco Goldoni

Marco Goldoni

University of Glasgow - Faculty of Law & Financial Studies

Tarik Olcay

Aston University

Date Written: February 22, 2019

Abstract

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

Suggested Citation

Goldoni, Marco and Olcay, Tarik, Political Practice and Comparative Constitutional Change: Legal, Political, and Material Perspectives (February 22, 2019). Routledge Handbook on Comparative Constitutional Change, Xenophon Contiades & Alkmene Fotiadou (eds), Forthcoming. Available at SSRN: https://ssrn.com/abstract=3340104 or http://dx.doi.org/10.2139/ssrn.3340104

Marco Goldoni (Contact Author)

University of Glasgow - Faculty of Law & Financial Studies ( email )

Glasgow, Scotland
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/marcogoldoni/#tabs=0

Tarik Olcay

Aston University ( email )

Aston Triangle
Birmingham, B4 7ET
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
34
Abstract Views
236
PlumX Metrics