Permissibility of constitutional customs as a problem of constitutional theoretical pre-understanding
2023
Abstract
The conference contribution pointed out the fact that the constitutional-dogmatic conclusion about the admissibility or inadmissibility of constitutional norms of a customary nature in the respective constitutional community is dependent on the chosen constitutional theoretical starting points, or assumptions. Through the definition of 3 dilemmas in the form of questions from constitutional theory, the contribution outlined that for certain constellations of answers to these questions, it is possible to reach a general conclusion about the inadmissibility of constitutional customs, as well as about their admissibility within the scope of the relevant constitutional order.