How to investigate a constitutional culture?: the case for the focus group method in comparative constitutional studies

Abstract

This paper makes the case for the use of focus groups as a method with particular relevance to the field of comparative constitutional studies. 

The paper begins with a brief overview of the most common approaches to accounts of constitutional culture. It then explains how the focus group method may,in theory, address some of the limitations of these techniques. By contrast with quantitatively-oriented techniques, focus groups offer a context-sensitive, participant driven and in-depth insights into how ordinary citizens understand, think about and discuss constitutional issues. This, it is argued, provides novel and valuable information about the functional and sociological value of constitutions, as hypothesised in much of the recent literature on social imaginaries and sociological constitutionalism.

Having made the theoretical case for the method, the paper deals in its final sections with the authors' experience in making use of this method. It identifies the challenges and limitations that may arise when applying the method to constitutional questions and offers conclusions and guidance on its potential utility for future research in the area.

Keywords: Comparative constitutional studies, Constitutional culture, Socio-legal methods, Comparative law, Comparative constitutional methodology