Publication Type

Journal Article

Version

publishedVersion

Publication Date

10-2022

Abstract

This article explores the role of constitutional judges in advancing constitutional literacy, understood as knowledge relating to the functioning of the constitutional order. Part of the inquiry is descriptive and geared towards identifying the modalities that courts today use to cultivate such literacy among the public, or segments thereof. The article also poses normative questions about literacy-boosting efforts. How do these relate to typical judicial functions? Are courts well-placed and equipped to disseminate constitutional knowledge? Based on an analysis of judicial practices, it is suggested that lay individuals are increasingly treated as a key constituency by courts, warranting the development of specially curated initiatives crafted with the values of inclusion, accessibility, and transparency in mind. This manifests notably in a turn to social media use and an incipient embrace of legal design thinking. The available literacy-boosting modalities are not without flaws, however, and we should be cognizant of limits regarding what can realistically be expected of courts in furthering popular constitutional knowledge. Notwithstanding room for improvement in the design and delivery of constitutional literacy, the existing judicial efforts when viewed in their entirety should be evaluated positively as making a meaningful contribution in meeting people's interests in greater constitutional knowledge.

Keywords

Constitutional literacy, constitutional judges, judicial capacity, judicial functions, public engagement

Discipline

Constitutional Law | European Law | Judges

Publication

German Law Journal

Volume

23

Issue

8

First Page

1121

Last Page

1138

ISSN

2071-8322

Identifier

10.1017/glj.2022.73

Publisher

Cambridge University Press

Copyright Owner and License

Authors-CC-BY

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