Two internal critiques of political constitutionalism

被引:15
|
作者
Goldoni, Marco [1 ]
机构
[1] Univ Antwerp, Ctr Law & Cosmopolitan Values, Antwerp, Belgium
来源
关键词
RETHINKING; DEFENSE; ESSAY; CORE;
D O I
10.1093/icon/mos033
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The antagonism between legal and political constitutionalism has almost monopolized the discussion on constitutional theory during the last years. For this reason, political constitutionalism has been assessed mainly as an alternative to legal constitutionalism. Moving beyond this perspective, this article intends to focus exclusively on political constitutionalism and its internal tensions. After having outlined the main tenets of this theory, two internal critiques are put forward, both concerning the understanding of the political aspect of constitutionalism: first, political constitutionalists propose a reductive account of the principle of political equality; second, their exclusive focus on ordinary politics as the centre of constitutional life is misleading and precludes a correct evaluation of constitutional politics.
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收藏
页码:926 / 949
页数:24
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