Public discourse and comparative constitutional law: a research agenda

Mainstream comparative constitutional law focuses mainly on state institutions. Yet, in different parts of the world, ordinary citizens engage in public discourse on constitutional questions, which is both shaped by and shapes constitutional law. Nevertheless, public discourse lacks a systematic attention in comparative constitutional law. This article seeks to broaden the scope of comparative constitutional law by laying down a framework for comparative study of public constitutional discourse defined as citizen’s deployment of vocal and written language to exchange and contest constitutional ideas in the public sphere. The framework includes these aspects of public constitutional discourse: elements (objects, subjects, spaces, and actions); framing strategies (historical, synchronic, and comparative); functions (assertive, critical, interpretive, and normative); and consequence (institutional, ideational, and functional). Finally, the article considers some theoretical implications and methodological questions.