The Three Waves of Political Constitutionalism

8 Pages Posted: 12 Jan 2018

See all articles by Marco Goldoni

Marco Goldoni

University of Glasgow - Faculty of Law & Financial Studies

Chris McCorkindale

University of Strathclyde Law School

Date Written: January 9, 2018

Abstract

Political constitutionalism can refer both to a theory of what a constitution is or should be and to a doctrine of Commonwealth constitutionalism. These two dimensions are not disconnected and often overlap In this article, both dimensions will be taken into account. The structure of the article is simple: in the last decades, political constitutionalism has been articulated in three waves, each one marked by a specific methodological angle and its own legal theory. These waves are functionalist (what political constitutions do), normative (what political constitutions ought to do) and reflexive (what is it that is political about political constitutions). We will explain each in turn.

Keywords: Political Constitutionalism; Legal Institutionalism; Legal Positivism; Political Disagreement; Political Equality

Suggested Citation

Goldoni, Marco and McCorkindale, Christopher, The Three Waves of Political Constitutionalism (January 9, 2018). Available at SSRN: https://ssrn.com/abstract=3098798 or http://dx.doi.org/10.2139/ssrn.3098798

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

Christopher McCorkindale

University of Strathclyde Law School ( email )

Graham Hills Building
50 George Street
Glasgow, G1 1QE
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
94
Abstract Views
367
rank
274,679
PlumX Metrics