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  1. Political Representation as Interpretation: A Contribution to Deliberative Constitutionalism.Donald Bello Hutt - 2020 - Ratio Juris 33 (4):351-367.
    This article analogises political representation to legal interpretation. It then applies the analogy to the hitherto neglected question of what political representation means for deliberative constitutionalism. The upshot is a conception of deliberative constitutionalism that, while uncompromisingly grounded in the reasoned expression of the preferences of a polity's constituents through deliberative democratic institutional innovations, mandates representatives to translate those preferences into general and abstract constitutional law. It thus enhances the deliberative contribution of citizens in the determination of constitutional meaning, while (...)
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  • Constitutional Interpretation and Institutional Perspectives: A Deliberative Proposal.Donald Bello Hutt - 2018 - Canadian Journal of Law and Jurisprudence 31 (2):235-255.
    Legal scholars generally consider the theorisation and constitutionalisation of constitutional interpretation as a matter for the courts. This article first challenges this tendency on conceptual grounds, showing that no institutional commitment follows from the nature of interpretation in law, constitutional law included. It then provides guidance for thinking about institutional perspectives according to two criteria: the nature and normative strength of the sources interpreted and the capacity of the interpreter to include and consider every possibility affected when her interpretation carries (...)
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