@article{2021:partlett:redeeming_,
title = {Redeeming the National in Constitutional Argument},
year = {2021},
note = {In many countries beyond the traditional comparative constitutional
law canon, the advocates of constitutionalism are increasingly
appealing to a supra-national constitutional discourse frequently
grounded in best practices for constitutionalism. This trend has
helped to foster a nationalistic backlash which arguesin which
constitutional advocates argue that constitutions should not reflect
international constitutional norms but instead must reflect
historically-grounded tradition or identity. How should advocates of
constitutionalism understand and respond to this backlash? We argue
that linking a critical interpretation of national history and the
text of the national constitution to constitutionalism can help to
counter this nationalist backlash, particularly in constitutional
adjudication. Looking at Russia and Sri Lanka, we illustrate how this
process of “redeeming the national” can provide new arguments for
those interested in advancing the project of constitutionalism. We
argue further that this kind of constitutional argument can also help
to uncover ways of adapting constitutional principles to particular
national contexts.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {461--484},
author = {Partlett, William and Samararatne, Dinesha},
volume = {54},
number = {4}
}