Pluralizing constitutional interpretation: An introduction

• Published in: International journal of constitutional law Vol. 20; no. 5; pp. 1874 - 1883
• Main Authors: De Visser, Maartje, Neo, Jaclyn L
• Format: Journal Article
• Language: English
• Published: UK Oxford University Press 30.12.2022
• Subjects: Constitutional law; Law; Meaning; Meaning (Philosophy); Methodology; Stare decisis; UNITED STATES
• ISSN: 1474-2640; 1474-2659
• DOI: 10.1093/icon/moac113

Abstract The purpose of the symposium on pluralizing constitutional interpretation was to reflect upon the multiple sites at which interpretative activities take place, their real-world significance, and the methodological implications of expanding our scholarly lens beyond court rulings and beyond legal materials for a more complete understanding of how constitutions are engaged with. In this introductory article, we propose at least three directions for diversification. The first is the pluralization of actors beyond the courts, attention being drawn to the diverse range of institutions, entities, and individuals involved in giving meaning to the constitution. The second is methodological and disciplinary in nature; it addresses the manner in which this plurality of interpreters relates to nonlegal methods and sources, as compared to classic legal methods and sources. The third is about orientation and entails a shift from the study of doctrines, precedents, and conceptional analysis to a more dynamic approach to interpretation, as defined by intersecting viewpoints, coinciding sites of interpretation, and a shifting of institutional and disciplinary boundaries. Taken together, these directions hold out the promise of arriving at a more complete understanding of how constitutional law is engaged with as a lived reality.