On Law, Politics and Contemporary Constitutionalism

Harvey, Colin

Journal: Fordham International Law Journal

Volume: 26

First Page: 996

Year: 2002

Bluebook Citation: 26 FORDHAM INT'L L.J. 996 (2002)

Author: Colin J. Harvey: all 6 publications


Abstract

Is the political process, with all its difficulties, merely reflective of contemporary constitutionalism? Are the problems an aspect of ongoing inter-communal dialogue? To what extent are existing difficulties exacerbated by a general failure to grasp the difference between the logic of law and political theory and practice? These questions are addressed here in three basic stages: first, the relationship between legal logic and political practice is examined; secondly, the implications of contemporary constitutionalism are explored; and, finally, the agreement and disagreements over its implementation are analyzed.

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