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Routledge Handbook of Constitutional Law by Cheryl Saunders, Thomas Fleiner, Mark Tushnet

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4Constitutions and legitimacy over time

Catherine Dupré and Jiunn-rong Yeh

4.1 Introduction

While the spatial dimensions of constitutionalism are well-known, the study of its relationships with time is only beginning to emerge as a distinct area of investigation. Constitutions construct time in ways that raise many questions yet to be explored: issues of the constitutional culture and time (Häberle), the construction of time by constitutions (Kirste), their duration and endurance over time (Elkins, Ginsburg & Melton), and the question of the definition of power and time by constitutions (Cuocolo). Of these questions, a key issue is the democratic legitimacy of constitutions: as each society constructs its own time and temporality (Nowotny), ...

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