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John E. Finn

Abstract: The rise of participatory constitution-making prompts us to think closely about whether such patterns of participation have any long-term effect on civic participation beyond a discrete and bounded founding “moment” in constitutional time. In this chapter, my concern is the extent to which the participatory turn in constitution-making is likely to result in constitutional orders in which citizens have a significant and ongoing role in and responsibility for achieving and maintaining a constitutional way of life. Participatory constitution-making is unlikely to result in a robust form of civic constitutionalism because it fails to address latent assumptions about what sort of activity constitutional maintenance is and whether the people should be involved in the former (maintenance), as compared to the latter (making). I also briefly consider some of the implications of civic constitutionalism comparative constitutional analysis, concerning both what we study and how we study it.