Comparative Constitutional Theory
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Comparative Constitutional Theory

Edited by Gary Jacobsohn and Miguel Schor

The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.
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Chapter 22: Some notes on inclusive constitution-making, citizenship and civic constitutionalism

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.

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