The Methodology of Constitutional Theory

Dimitrios Kyritsis, Stuart Lakin

• Publisher: Hart Publishing
• Year: 2022
• Print ISBN:
  9781509957699
• Edition: 1
• eBook ISBN:
  9781509933853
• Topic: Law
• Subtopic: Jurisprudence
• Index: Law

What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions?

This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.

Index

A

Acton, Lord here

Adams, T et al here

administrative law See also administrative state

adjudication, importance of context here

adjudication, statutory schemes and here–here

analytic and synthetic truths here–here

anatomical analysis here, here

common law and here, here

common law constitutionalism here

common law development here–here

common understandings of here, here, here–here

computer science analytical methods here, here, here–here

conflicting pairs in philosophical debate here–here, here

constitutional law and here, here–here, here, here

constitutional theory and here–here, here–here

constructive interpretation here, here, here–here, here

content analysis here, here–here

delegation of authority here

descriptive conceptual analysis here

development here, here–here

Dicey here–here, here

doctrinalism here, here–here

empirical research methods here–here, here–here, here, here–here, here

enabling legislation here–here

facilitative aspect here, here

formal equality through judicial review here–here

functionalist approach here–here

generalist and specialist approaches here–here

Independent Review (IRAL) here, here–here, here, here–here, here, here

interpretive process here–here

interpretivism here, here–here

judicial development here–here, here–here, here, here–here

judicial review See judicial review

legality here, here

legitimacy here

liberty from here–here

methodological pluralism here–here

moral legitimacy here

natural justice and here, here–here

‘new administrative of Wales’ here

New Public Management here

normative approach here

orga...

Table of contents

• Cover
• Dedication
• Title Page
• Foreword
• Series Foreword
• Acknowledgements
• Table of Contents
• About the Contributors
• The Methodology of Constitutional Theory – Introduction
• SELF-UNDERSTANDINGS
• HOW DO FACTS MATTER?
• MORALITY
• SOCIAL THEORY
• COMPARISONS
• ADMINISTRATIVE LAW
• Index
• Copyright Page