This article argues that constitutional theory requires the concept of ‘constitutional office’ to theorize the place of the legislature. ‘Constitutional office’ is both distinct from, and complementary to, the more familiar concept of ‘institutional role.’ ‘Institutional role’ is a predominantly descriptive concept that is used to define the domain of legislative power. By contrast, ‘constitutional office’ is an irreducibly normative concept that goes to the manner in which legislative power is exercised. In this respect, the article argues, the concept promises to offer new analytical tools for advancing central debates in constitutional theory.
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The constitutional office of the legislature
Lael K WeisRelated information
* Senior Lecturer, Centre for Comparative Constitutional Studies, Melbourne Law School, University of Melbourne, Australia
Thanks to Farrah Ahmed, Mayo Moran, Arie Rosen, Adrienne Stone, Grégoire Webber, and the participants in the Idea of Office Conference at the University of Toronto in June 2019 for helpful feedback and suggestions in developing this set of ideas.
Published Online: July 17, 2020
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Version of record: 17 July 2020
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