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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Custom (Customary Law)

Fatima Osman, Siddharth Peter de Souza

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
May 2023

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 10 October 2024

Subject(s):
Colonization — Decolonization — Supremacy — Constitutional design — Indigenous groups — Administration of justice — Sources of law — Natural resources — Development — Cultural rights — Discrimination — Ethnic minorities

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

1 In this entry on custom, we explore the manner in which Constitutions are designed with pluralist imaginations. Drawing from legal pluralism, which is the idea that multiple legal systems exist within the same social field, and where each of these systems have different degrees of legitimacy and authority (Merry; Chiba), this entry seeks to unpack how custom is treated in constitutions, both in terms of accommodating different community, religious, and ethnic foundations, as well as providing an architecture within which it can be governed (Cuskelly; ethnicity)....
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