"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. 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.
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.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.