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Constitutional courts as autopoietic organisations
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Rogowski, Ralf (2013) Constitutional courts as autopoietic organisations. Working Paper. Coventry: University of Warwick. Warwick School of Law Research Paper (Number 2013/04).
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Official URL: http://ssrn.com/abstract=2220692
Abstract
The chapter proposes to conceptualise constitutional courts as self-referentially operating, autopoietic systems. In a social systems theory perspective constitutional courts are autopoietic organisations which are capable of generating sufficient cognitive complexity in order to regulate themselves. This is demonstrated first in relation to three aspects of constitutional courts: autonomy in docket control, recursive decision-making and the development of consequentialist legal doctrine that makes reflexive use of information on its impact. In the final section the chapter assesses the role of autopoietic constitutional courts operating in the zone of structural coupling between the legal and the political system.
Item Type: | Working or Discussion Paper (Working Paper) | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Series Name: | Warwick School of Law Research Paper | ||||
Publisher: | University of Warwick | ||||
Place of Publication: | Coventry | ||||
Official Date: | 19 February 2013 | ||||
Dates: |
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Number: | Number 2013/04 | ||||
Number of Pages: | 16 | ||||
Status: | Not Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Open Access (Creative Commons) | ||||
Open Access Version: |
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