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The methodology of constitutional theory

Title
The methodology of constitutional theory / edited by Dimitrios Kyritsis and Stuart Lakin.
ISBN
9781509933846
1509933840
9781509957699
1509957693
9781509933860
9781509933853
Publication
Oxford, UK ; New York, NY : Hart Publishing, Bloomsbury Publishing Plc, 2022.
Copyright Notice Date
©2022.
Physical Description
xx, 425 pages : illustrations ; 25 cm.
Notes
"The collection of chapters in this volume arises out of a workshop held at the University of Reading in April 2017, funded by a Modern Law Review Seminar Funding Scheme"--ECIP acknowledgments.
Summary
"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"-- Provided by publisher.
Other formats
Online version: Methodology of constitutional theory Oxford ; New York : Hart, 2022
Format
Books
Language
English
Added to Catalog
May 31, 2022
Series
Hart studies in constitutional theory ; volume 2.
Bibliography
Includes bibliographical references and index.
Contents
The methodology of constitutional theory
introduction / Dimitrios Kyritsis and Stuart Lakin
The significance of the common understanding in legal theory / N. W. Barber
In defence of traditional methodologies / Jeffrey Goldsworthy
Constitutional methodology and Brexit : adopting a model-theoretic approach / Alison L Young
Slaying the misshapen monster : the case for constitutional heuristics / TT Arvind and Lindsay Stirton
Why common law constitutionalism is correct (if it is) / Stuart Lakin
Methodological pluralism and modern Administrative Law / Sarah Nason
The constitution of legal authority / David Dyzenhaus
Constitutional Law as legitimacy-enhancer / Dimitrios Kyritsis
A positivist and political approach to public law / Michael Gordon
The material study of the constitutional order / Marco Goldoni
The British Constitution as an improvised order / David Howarth
A proposal for defining and classifying systems of constitutional government / Paul Yowel
The view from nowhere in constitutional theory : a methodological inquiry / Silvia Suteu
Common understandings of Administrative Law / Matthew Lewans
Methodology in constitutional theory : the case of the administrative state / Kristen Rundle.
Genre/Form
Conference papers and proceedings.
Also listed under
Kyritsis, Dimitrios, 1978- editor.
Lakin, Stuart, editor.
University of Reading, host institution.
Citation

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