Research shows that lawyers and judges use historical context to interpret constitutional law. The relevance of historiography, the study of how history is written, is debated in this context. It is argued that historiography is less important when constitutional reasoning is based on legal sources, but it provides valuable insights when non-legal historical sources are relied upon. Historiographic methods are crucial for critiquing or making constitutional arguments based on general history.

Image courtesy of interviewee. January 10, 2024