The Three Waves of Political Constitutionalism
8 Pages Posted: 12 Jan 2018
Date Written: January 9, 2018
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
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