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Regulating Law$
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Christine Parker, Colin Scott, Nicola Lacey, and John Braithwaite

Print publication date: 2004

Print ISBN-13: 9780199264070

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199264070.001.0001

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Regulating Constitutions

Regulating Constitutions

Chapter:
(p.226) 11 Regulating Constitutions
Source:
Regulating Law
Author(s):

Colin Scott

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199264070.003.0012

This chapter looks first at the potential of the regulatory lens in the constitutional sphere to illuminate the mechanisms for securing accommodation between political and legal systems. The second main section on constitutions as regulatory regimes takes as its focus the mechanisms by which constitutional norms are made effective within political practice. Thus, it considers how the exercise of power is controlled. The analysis sets out the hypothesis that compliance with constitutional norms by political actors represents one workable form of accommodation between law and politics. The third main section considers the other main set of mechanisms for securing such an alignment, which are concerned with the controls over the contents of constitutions and the mechanisms by which they may be modified. This section addresses the day-to-day practices of constitutional interpretation and change, the more formal processes of amendment, and processes of disruption to constitutional norms in revolutionary situations.

Keywords:   regulatory lens, constitutions, political systems, amendment, constitutional norms

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