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Constitutions as Communication

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Constitutions as Communication. / Prosser, Tony.

In: International Journal of Constitutional Law, Vol. 15, 03.11.2017, p. 1039-1065.

Research output: Contribution to journalArticle

Harvard

Prosser, T 2017, 'Constitutions as Communication', International Journal of Constitutional Law, vol. 15, pp. 1039-1065. https://doi.org/10.1093/icon/mox085

APA

Prosser, T. (2017). Constitutions as Communication. International Journal of Constitutional Law, 15, 1039-1065. https://doi.org/10.1093/icon/mox085

Vancouver

Prosser T. Constitutions as Communication. International Journal of Constitutional Law. 2017 Nov 3;15:1039-1065. https://doi.org/10.1093/icon/mox085

Author

Prosser, Tony. / Constitutions as Communication. In: International Journal of Constitutional Law. 2017 ; Vol. 15. pp. 1039-1065.

Bibtex

@article{bdb61f4d76c24609bc81d7360c71f45c,
title = "Constitutions as Communication",
abstract = "A neglected function of constitutions is their role in facilitating communication. This is particularly important if one accepts the approach of constitutional pluralism, both at the international level and between plural constitutions at the national level. Communication may be between different types of constitutions or between legal and other forms of social systems such as the economy and politics. Theoretical support for this approach can be found in Habermas’s discursive theory of democracy, and also in recent developments in systems theory. The role of constitutional communication is here illustrated through four case studies drawn from economic management. The first two concern failures of communication through the use of balanced budget rules, and in the breakdown of institutional relations in the UK under the pressure of the financial crisis of 2008–2009. The other two identify successes; the German Federal Constitutional Court’s support for legislative deliberation in relation to eurozone rescue measures and the development of countervailing institutions linked by soft law in UK monetary and fiscal policy.",
keywords = "constitutions, economic management, deliberative democracy",
author = "Tony Prosser",
year = "2017",
month = "11",
day = "3",
doi = "10.1093/icon/mox085",
language = "English",
volume = "15",
pages = "1039--1065",
journal = "International Journal of Constitutional Law",
issn = "1474-2640",
publisher = "Oxford University Press",

}

RIS - suitable for import to EndNote

TY - JOUR

T1 - Constitutions as Communication

AU - Prosser, Tony

PY - 2017/11/3

Y1 - 2017/11/3

N2 - A neglected function of constitutions is their role in facilitating communication. This is particularly important if one accepts the approach of constitutional pluralism, both at the international level and between plural constitutions at the national level. Communication may be between different types of constitutions or between legal and other forms of social systems such as the economy and politics. Theoretical support for this approach can be found in Habermas’s discursive theory of democracy, and also in recent developments in systems theory. The role of constitutional communication is here illustrated through four case studies drawn from economic management. The first two concern failures of communication through the use of balanced budget rules, and in the breakdown of institutional relations in the UK under the pressure of the financial crisis of 2008–2009. The other two identify successes; the German Federal Constitutional Court’s support for legislative deliberation in relation to eurozone rescue measures and the development of countervailing institutions linked by soft law in UK monetary and fiscal policy.

AB - A neglected function of constitutions is their role in facilitating communication. This is particularly important if one accepts the approach of constitutional pluralism, both at the international level and between plural constitutions at the national level. Communication may be between different types of constitutions or between legal and other forms of social systems such as the economy and politics. Theoretical support for this approach can be found in Habermas’s discursive theory of democracy, and also in recent developments in systems theory. The role of constitutional communication is here illustrated through four case studies drawn from economic management. The first two concern failures of communication through the use of balanced budget rules, and in the breakdown of institutional relations in the UK under the pressure of the financial crisis of 2008–2009. The other two identify successes; the German Federal Constitutional Court’s support for legislative deliberation in relation to eurozone rescue measures and the development of countervailing institutions linked by soft law in UK monetary and fiscal policy.

KW - constitutions

KW - economic management

KW - deliberative democracy

U2 - 10.1093/icon/mox085

DO - 10.1093/icon/mox085

M3 - Article

VL - 15

SP - 1039

EP - 1065

JO - International Journal of Constitutional Law

JF - International Journal of Constitutional Law

SN - 1474-2640

ER -