Emotions in Constitutional Institutions

András Sajó*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract (may include machine translation)

The prevailing justification for constitutional institutions is that such institutions reflect and enable rational solutions to social problems. However, constitutions are constructed through emotionally driven processes that reflect both the public sentiments of the day and, at least to some extent, basic moral emotions. Historical examples from France and the United States demonstrate the role of such emotional processes in shaping the design of liberal constitutionalism. Further, constitutional law both sets and regulates emotional display rules; favors or disfavors certain emotional commitments; and, particularly through the formulation of fundamental human rights, reflects and shapes emotional moral judgments. The emotional contributors to constitutional design and interpretation may be called "constitutional sentiments."

Original languageEnglish
Pages (from-to)44-49
Number of pages6
JournalEmotion Review
Volume8
Issue number1
DOIs
StatePublished - 1 Jan 2016

Keywords

  • Constitutional law
  • Legal history
  • Moral emotions
  • Public sentiment

Fingerprint

Dive into the research topics of 'Emotions in Constitutional Institutions'. Together they form a unique fingerprint.

Cite this