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Constitutionalization of Politics

Comparative Politics
Constitutions
Executives
Institutions
Courts
Judicialisation
S14
Paweł Laidler
Jagiellonian University
Dariusz Stolicki
Jagiellonian University


Abstract

While the concept of the judicialization of politics is well established in modern political science, it may be generalized by recognizing that constitutional arguments can be used to block (or advance) policy not only by courts and judges, but also by other actors, ranging from quasi-judicial bodies and official legal advisors to expressly political actors such as executives. This Section proposes that all of those developments can be treated as various manifestations of a common process of the constitutionalization of politics. It seeks Panels and Papers focusing on the varied forms and aspects thereof. We particularly prioritize proposals addressing the subject from a comparative perspective, but single-jurisdiction case studies and theoretical Papers, especially those aimed at building a comprehensive theory of constitutionalization of politics that goes beyond the judicialization approach, are also welcome. We seek to cover different regions, legal and political cultures and traditions, and institutional arrangements, as well as to incorporate perspectives from multiple disciplines, theoretical approaches, and research methods. We propose prioritizing six primary research areas as suggestions for Panel themes: 1 Through what institutional forms does process of the constitutionalization of politics manifest itself? Is it associated with novel arrangements or with repurposing of existing institutions? What factors drive institutional innovation and diffusion in this area? 2 What are the sources of the authority and independence of the actors involved in the process of constitutionalization (both historically and in terms of present controlling factors)? How are those two variables related? 3 How great is the influence of constitutional arguments on politics and policy? Are the actors raising such arguments successful in their attempts to influence policy? Does their influence on policy extend beyond blocking, such as to proposing or mandating the adoption of new policies, or to legitimizing constitutionally dubious policies with which they sympathize? 4 What factors influence constitutional decision-making by actors involved in the process of constitutionalization? 5 How do political actors respond to constitutionalization of politics? Do they embrace it or oppose it? Are political insiders more adept than outsiders at weaponizing the constitutionalization of politics against their opponents? 6 Are political arguments in the process of constitutionalization addressed merely to other actors in the game of constitutional interpretation, i.e., members of the legal and political elite, or also to the public at large? Why do actors advance unorthodox constitutional arguments that stand little chance of approval by the elite? Can constitutionalization of politics be used to mobilize or communicate with political followers?
Code Title Details
PRA112 Constitutionalisation of Politics in Constitutional Courts View Panel Details
PRA122 Continuous Constitutionalisation of American Politics View Panel Details
PRA485 The Impact of Politics on the Constitutionalisation Processes in Comparative Perspective View Panel Details
PRA523 Theoretical Aspects of the Constitutionalisation of Politics View Panel Details