@article{2025:dixon:theorising,
title = {Theorising Constitutions Comparatively},
year = {2025},
note = {The relationship between constitutional theory and constitutional
comparison is an area of evolving scholarly interest and concern.
Constitutional theory has long engaged in dialogue with constitutional
practice, but often that dialogue is more implicit than explicit. In
part because of that, it can focus on a relatively narrow range of
countries, or ‘the usual suspects’ in constitutional law, and
where that happens, the theories developed will not be able to account
for the global variety of constitutional experiences and practices.
This essay thus starts from the proposition that comparative
engagement by constitutional theorists with constitutional practice in
a wide range of jurisdictions is desirable, and should be actively
encouraged. But it also cautions that scholars must be attentive to
taking constitutional comparison seriously, and to engaging in it in a
methodologically rigorous way. In order to assist with this task, the
essay set out three archetypical modes in which constitutional theory
can be informed by constitutional practice—inductive, illustrative
and reflexive—and illustrates those modes in practice (including in
their hybrid forms and the way they can interact with each other) by
reference to a range of recent works of constitutional theory. It then
turns to the question of how to ensure that such comparative
engagement is methodically rigorous. We suggest that rigorous forms of
comparative constitutional theorising involve three key commitments:
transparency in the jurisdictions relied on, symmetry between the
countries chosen and the scope of theoretical claims made, and
self-awareness or reflexivity on the part of scholars as part of this
process. Work that adheres to these commitments is more likely to
constructively contribute to what is ultimately a collaborative quest
by scholars to advancing our collective understanding of
constitutions.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {70--96},
author = {Dixon, Rosalind and Perham, Elisabeth},
volume = {58},
number = {1}
}