Constitutional law and politics pdf

  • Constitutional government is defined by the existence of a constitution—which may be a legal instrument or merely a set of fixed norms or principles generally accepted as the fundamental law of the polity—that effectively controls the exercise of political power.
As we shall see, dualist democracy places a special value on the political conclusions reached after an extraordinary process of popular mobilization, debate, 

Does constitutional law have a political dimension?

This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice

It also poses the question whether that dimension is a political-theological dimension

Is a constitution a legal or political document?

As legal, political and social documents, constitutions are at the intersection of the legal system, the political system and society (see Figure 2

1) Figure 2 1

A constitution as a legal, social and political document

What does understanding constitutional law mean?

For that reason, understanding constitutional law means understanding constitutional politics as well

The Handbook deals with the politics of constitutional law around the world

We have chosen to organize the Handbook around “foundations,” “structures,” “rights,” and “futures


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