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Au-delà des « modèles » de justice constitutionnelle, pour un comparatisme pragmatiste

Abstract : One of the most common frameworks among comparativists for the study of the various forms of constitutional review rests on the opposition between a European and an American model of constitutional justice. From theoretical, empirical and political viewpoints, such a proposition cannot be defended, and must be replaced by another. In the general theory of sciences, conventionalism is the major guide for the elaboration of scientific concepts. Choices must be made so as to devise a neutral and comprehensive comparative metalanguage. Nevertheless, a gnoseological objection compels one to give details as to one’s conception of the relationship between the concepts and the «reality» they are supposed to deal with. Moreover, if it were not for additional elements, the ambition to establish a universal metalanguage could be objected to on grounds of ethnocentrism. By facing these two difficulties, one is led to adopt an approach which becomes closer to a pragmatist one, insisting on the relativity and contextual usefulness of conceptual choices, within a continued and defeasible enquiry.
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Submitted on : Thursday, March 10, 2022 - 2:26:55 PM
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Guillaume Tusseau. Au-delà des « modèles » de justice constitutionnelle, pour un comparatisme pragmatiste. Revista general de Derecho público comparado, 2013. ⟨hal-03604445⟩

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