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dc.contributor.authorAppleby, Gabrielle
dc.contributor.authorMacDonnell, Vanessa
dc.contributor.authorSynot, Eddie
dc.description.abstractThe constitution pervades the governance practices of a state, far beyond its application and interpretation in the courts. This Special Issue draws together a field of scholarship that considers these extrajudicial dimensions of constitutional practice to reveal a very different constitution to the juridified version. It is a more complex, dynamic and pervasive vision of the constitution, focused on the ongoing relationships of a broader set of constitutional institutions and actors. These relationships are mediated by the legal and political dimensions of the constitution and by the narratives and symbolism that grow up around it. In this introduction, we explore three themes of the pervasive constitution: the importance of constitutional narratives and symbols, the multiplicity of constitutional actors and the relational nature of constitutionalism. This recalibrated understanding of the constitution reveals constitutional actors and power dynamics that are often invisible in more traditional accounts of constitutionalism. This recalibration is particularly important in addressing contemporary constitutional challenges. In settler systems hoping to decolonise, courts have proven important but insufficient sites of constitutional change, and it is in political spaces that new constitutional stories can be told, stories which acknowledge the full sovereignty of Indigenous peoples and their claim to territory. In countries experiencing democratic backsliding, extrajudicial actors have been championed as the backstops to democracy and human rights. We argue that only by understanding the space outside the courts will we appreciate the breadth of new constitutional possibilities.en_US
dc.publisherSAGE Publicationsen_US
dc.relation.ispartofjournalFederal Law Reviewen_US
dc.titleThe Pervasive Constitution: The Constitution Outside of the Courtsen_US
dc.typeJournal articleen_US
dc.type.descriptionC1 - Articlesen_US
dcterms.bibliographicCitationAppleby, G; MacDonnell, V; Synot, E, The Pervasive Constitution: The Constitution Outside of the Courts, Federal Law Review, 2020, 48 (4), pp. 437-454en_US
gro.hasfulltextNo Full Text
gro.griffith.authorSynot, Eddie J.

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