Critique of the Material Constitution
19 Pages Posted: 20 Dec 2017
Date Written: December 5, 2017
The material constitution is of great epistemic value for constitutional studies. For this reason, it is suggested that the concept ought to be adopted again. But in order to make it as accurate as possible this article highlights the limits of the concept as used by two different traditions, early Marxism and legal institutionalism. It then offers an update of the concept by developing its correlative political economy. In other words, the article tries to vindicate a material reading of the material constitution.
Keywords: Material Constitution; Legal Institutionalism; Governing Function; Valorisation
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