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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Sociological Foundations of Constitutions

Graziella Romeo

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2024

Subject(s):
Constitutions and international law — Supraconstitutional authority — Supremacy — Legitimacy — Civil society — Comparative constitutional law — Rights

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 The sociological foundations of constitutions are the object of inquiry in that tradition of socio-legal studies that is preoccupied with analysing: a) what social factors cause political power to organize itself and endure in a constitutional form; b) what the legitimate form of political power is and how constitutions assist legitimization (legitimacy); and c) how constitutions serve social ends. The same concerns can be framed as exploring the social conditions that prompt or contribute to the creation of constitutions and their endurance as legitimate...
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