Citations (1)




Richard Albert

Boston College - Law School; Yale University - Law School


Dalhousie Law Journal, Vol. 31, p. 1, 2008
Boston College Law School Legal Studies Research Paper No. 183

Democratic constitutionalism has often erected a high barrier separating the citizen from the state. This is paradoxical because the very promise of constitutionalism is to produce precisely the opposite result: to bind the citizen to the state, and to create and cultivate a constitutional culture that is anchored in participatory democracy. I have a name for this paradoxical state of affairs: counterconstitutionalism. In this article, I introduce and illustrate the concept of counterconstitutionalism with reference to bills of rights in constitutional states representing civil and common law traditions on four continents.

Number of Pages in PDF File: 55

Keywords: democracy, constitutionalism, Bills of Rights, citizenship, participatory democracy, liberal democracy, constitutional design, Canada, United States, South Africa, India, Germany

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Date posted: June 28, 2009 ; Last revised: September 25, 2009

Suggested Citation

Albert, Richard, Counterconstitutionalism (2008). Dalhousie Law Journal, Vol. 31, p. 1, 2008 ; Boston College Law School Legal Studies Research Paper No. 183. Available at SSRN: http://ssrn.com/abstract=1424055

Contact Information

Richard Albert (Contact Author)
Boston College - Law School ( email )
885 Centre Street
Boston, MA 02459-1163
United States
617.552.3930 (Phone)
HOME PAGE: http://www.richardalbert.com

Yale University - Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States
HOME PAGE: http://www.richardalbert.com

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