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Vol 24 No 5 May/June 2019

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Sociological Constitutionalism

Edited by: Paul Blokker, Chris Thornhill

ISBN13: 9781107561144
Published: December 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2017)
Price: £25.99
Hardback edition , ISBN13 9781107124042

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This landmark book provides the first systematic overview of the key scholarly contributions in an emerging field of research on constitutionalism: the sociology of constitutions. It presents chapters offering very different normative and methodological approaches to constitutions, ranging from analysis of national constitutional law, to research on transnational legal forms, to discussions of the constitutional impact of international human rights law.

The book makes an important contribution to a series of wider debates – spanning constitutional law, legal theory, comparative constitutionalism, sociology, and political science – about the changing nature of constitutionalism. Researchers and students in constitutional law will gain a comprehensive appreciation of a diverse range of distinctively sociological approaches to constitutional law and an in-depth understanding of distinctive sociological dimensions of constitutions. The book offers new insights into the sources of constitutional normativity in society and it proposes different sociological methods for addressing them.

  • Provides a cross-section of sociological current sociological research, including a diverse range of approaches to constitutional law and the importance for constitutions in contemporary sociology
  • Contributes significantly to a scholarly understanding of constitutional change, including the transformation of modern constitutionalism
  • Addresses constitutional norm formation in different societies at both global and transnational levels.

Constitutional and Administrative Law, Law and Society
Sociological Constitutionalism Paul Blokker and Chris Thornhill

Part I. National Constitutions and Sociological Method:
1. The Social Lives of Constitutions Kim Lane Scheppele
2. Towards a Sociology of Constitutional Transformation – Understanding South Africa's Post-Apartheid Constitutional Order Heinz Klug
3. Sociological Constitutionalism – An Evolutionary Approach Hauke Brunkhorst

Part II. Constitutional Sociology Between the National and the Transnational:
4. Constitutionalism between Nation States and Global Law Chris Thornhill
5. Politics and the Political in Sociological Constitutionalism Paul Blokker
6. Constitutions as Symbolic Orders – The Cultural Analysis of Constitutionalism Hans Vorländer
7. The Rule of the Market: Economic Constitutionalism Understood Sociologically Sabine Frerichs

Part III. Constitutional Law and Transnational Society:
8. From Constitutionalism to Transconstitutionalism: Beyond Constitutional Nationalism, Cosmopolitan Constitutional Unity and Fragmentary Constitutional Pluralism Marcelo Neves
9. Societal Constitutionalism: Nine Variations on a Theme by David Sciulli Gunther Teubner.