The Confines of Modern Constitutionalism

Abstract

As a legal, political, and social movement modern constitutionalism has had an enormous impact internationally for over 200 years. As a concept modern constitutionalism is derived from enlightenment rationalism and political liberalism, and plays an important part in a certain world-view that dominates in Western Europe and the United States. This world-view posits a model of constitutionalism that is suitable for all people, in all places, and under all circumstances. The terms of modern constitutionalism, then, bear the hallmarks of a supposed universality that European and American scholars presume. In this article I discuss the terms of modern constitutionalism, the foundations for these terms, and the implications of accepting these terms uncritically.

Keywords: modern constitutionalism, constitutionalism, enlightenment, rationalism, liberalism