The Material Constitution

31 Pages Posted: 6 Jul 2018

See all articles by Marco Goldoni

Marco Goldoni

University of Glasgow - Faculty of Law & Financial Studies

Michael A. Wilkinson

London School of Economics - Law Department

Multiple version iconThere are 2 versions of this paper

Date Written: July 2018

Abstract

What is the material context of constitutional order? The purpose of this paper is to offer an answer to that question by sketching a theory of the material constitution. Moving beyond the interwar constitutional theories of Heller and Mortati, the paper outlines the four ordering forces of the material constitution: political unity; a set of institutions; social relations, and fundamental political objectives. These forces constitute the substance and dynamic of constitutional ordering, in internal relation with the formal constitution. Because these ordering forces are multiple, and in tension with one another, there is no single determining factor of constitutional development. Neither is order as such guaranteed. The conflict that characterises the modern human condition might but need not be internalised by the process of constitutional ordering. The theory of the material constitution offers an account of the basic elements of this process as well as its internal dynamic.

Keywords: constitutional theory, material constitution, constitutional change, Heller, Mortati

Suggested Citation

Goldoni, Marco and Wilkinson, Michael A., The Material Constitution (July 2018). The Modern Law Review, Vol. 81, Issue 4, pp. 567-597, 2018. Available at SSRN: https://ssrn.com/abstract=3208434 or http://dx.doi.org/10.1111/1468-2230.12352

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

Michael A. Wilkinson

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
0
Abstract Views
136
PlumX Metrics