Political Constitutionalism and the Question of Constitution‐Making

22 Pages Posted: 12 Aug 2014

See all articles by Marco Goldoni

Marco Goldoni

University of Glasgow - Faculty of Law & Financial Studies

Date Written: September 2014

Abstract

The debate on political constitutionalism has entirely neglected the constitution‐making dimension. This is probably due to the fact that constitution‐making usually brings with it undesirable outcomes such as the entrenchment of rights or structures. These outcomes do not respect reasonable disagreement among citizens because they violate the only fair system for settling disagreement: majority rule and equal voting rights. This article argues that political constitutionalists may regret the absence of any claim about constitution‐making. Either they are overlooking certain problems inherent to the electoral process that is supposed to tackle disagreement or, even worse, they are downplaying the entrenching effect of ordinary political processes by ignoring the redemptive properties of constituent power. In both cases, their claims undermine the political dimension of constitutionalism.

Suggested Citation

Goldoni, Marco, Political Constitutionalism and the Question of Constitution‐Making (September 2014). Ratio Juris, Vol. 27, Issue 3, pp. 387-408, 2014. Available at SSRN: https://ssrn.com/abstract=2479073 or http://dx.doi.org/10.1111/raju.12050

Marco Goldoni (Contact Author)

University of Glasgow - Faculty of Law & Financial Studies ( email )

Glasgow, Scotland
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/marcogoldoni/#tabs=0

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