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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.
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.
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