From Structure to Integration: The Trajectory of the Material Constitution

In: Join, C. (ed.) La constitution matérielle de l’Union Européenne. Pedone: Paris. (Forthcoming)

19 Pages Posted: 24 Aug 2018

See all articles by Marco Goldoni

Marco Goldoni

University of Glasgow - Faculty of Law & Financial Studies

Date Written: August 14, 2018

Abstract

This chapter presents a brief reconstruction of the main contributions to the notion of the material constitution before the publication of the essential work by Costantino Mortati. In particular, the chapter focuses on two traditions: the materialist understanding of the notion as seminally provided by Ferdinand Lasalle and, later on in a famous analysis of the US constitution by Charles Beard. The second tradition is legal institutionalism and two authors (among many) are chosen as the most representative: Smend and Heller. According to this approach, the material constitution becomes an integration device. this understanding will prove to be prominent in the following uses of the notion of the material constitution.

Keywords: Material Constitution; Lassalle; Legal Institutionalism; Constitution as Integration

Suggested Citation

Goldoni, Marco, From Structure to Integration: The Trajectory of the Material Constitution (August 14, 2018). In: Join, C. (ed.) La constitution matérielle de l’Union Européenne. Pedone: Paris. (Forthcoming) . Available at SSRN: https://ssrn.com/abstract=3230684

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

Register to save articles to
your library

Register

Paper statistics

Downloads
6
Abstract Views
48
PlumX Metrics