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Year in Review: the state of the constitution

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Abstract:

This paper has three goals:
i. to review a selection of the literature on the politics of the British constitution which has appeared in the last year or more;
ii. to assesses the state of debate on constitutional politics; and
iii. to place selected debates and issues in constitutional politics over the last year in the context of the foregoing discussion.
Emphasis in the paper is given to interpretations and ‘interpreters’ of the constitution and this is set alongside developments over the last year. An underlying theme of this paper is the search for legitimacy. Unlike other areas of public policy, constitutional politics involves ‘rules of the game’, matters which require the consent of winners and losers alike to provide legitimacy. Other public policies or institutions may be opposed but the rules of the game are qualitatively different. Both election winners and losers need to consent to rule changes for legitimacy to be maintained. Indeed, the losers are central to this. Luc Tremblay has argued that four questions dominate normative constitutional theory today: what is the purpose of a constitution? What makes a constitution legitimate? What kinds of argument are legitimate within the process of constitutional interpretation? What can make judicial review of legislation legitimate in principle? These questions have been kept in mind in reviewing the last year.

Most Common Document Word Stems:

constitut (250), govern (104), lord (85), reform (82), polit (73), act (72), right (62), 2006 (59), law (58), labour (57), bill (57), chang (56), new (56), power (54), british (54), year (52), parti (49), hous (47), parliament (45), conserv (42), would (40),
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Association:
Name: American Political Science Association
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http://www.apsanet.org


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MLA Citation:

Mitchell, James. "Year in Review: the state of the constitution" Paper presented at the annual meeting of the American Political Science Association, Marriott, Loews Philadelphia, and the Pennsylvania Convention Center, Philadelphia, PA, Aug 31, 2006 <Not Available>. 2011-03-13 <http://www.allacademic.com/meta/p168092_index.html>

APA Citation:

Mitchell, J. , 2006-08-31 "Year in Review: the state of the constitution" Paper presented at the annual meeting of the American Political Science Association, Marriott, Loews Philadelphia, and the Pennsylvania Convention Center, Philadelphia, PA Online <APPLICATION/PDF>. 2011-03-13 from http://www.allacademic.com/meta/p168092_index.html

Publication Type: Proceeding
Abstract: This paper has three goals:
i. to review a selection of the literature on the politics of the British constitution which has appeared in the last year or more;
ii. to assesses the state of debate on constitutional politics; and
iii. to place selected debates and issues in constitutional politics over the last year in the context of the foregoing discussion.
Emphasis in the paper is given to interpretations and ‘interpreters’ of the constitution and this is set alongside developments over the last year. An underlying theme of this paper is the search for legitimacy. Unlike other areas of public policy, constitutional politics involves ‘rules of the game’, matters which require the consent of winners and losers alike to provide legitimacy. Other public policies or institutions may be opposed but the rules of the game are qualitatively different. Both election winners and losers need to consent to rule changes for legitimacy to be maintained. Indeed, the losers are central to this. Luc Tremblay has argued that four questions dominate normative constitutional theory today: what is the purpose of a constitution? What makes a constitution legitimate? What kinds of argument are legitimate within the process of constitutional interpretation? What can make judicial review of legislation legitimate in principle? These questions have been kept in mind in reviewing the last year.

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Associated Document Available American Political Science Association

Document Type: application/pdf
Page count: 30
Word count: 16759
Text sample:
'Summoning the Harpies' Year in Review: the state of the constitution British Politics Group Meeting American Political Science Association annual conference 2006 Philadelphia. James Mitchell Department of Government University of Strathclyde Glasgow. Email: j.mitchell@strath.ac.uk 'At the hands of its interpreters the British constitution is an oracle which can only tell you why any and every particular change contemplated will not work. Whereas in some nations the existence of a written constitution means that almost anything can be done (or
significant in the last year and likely into the future. Robert Hazell's five themes of constitutional change discussed earlier - centralized to a quasi-federal system; more checks and balances on the UK executive; the erosion of parliamentary sovereignty; tighter rule of law with a shift of power to the courts; and majoritarian two-party system replaced by more pluralist forms of democracy - are valid when we look at the formal Constitution but when we look at the informal constitution


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