Political constitutionalism versus political constitutional theory: Law, power, and politics

Political constitutionalism

For ‘legal constitutionalists’, written constitutions, constitutive of the legal and political system, superior to other legislation, entrenched against change, and enumerating justiciable rights, guarantee equal respect and concern for all citizens. Judicial review is thus an essential support of democracy. In this book, Richard Bellamy offers a robust argument against this view of constitutio...

On Law, Politics and Contemporary Constitutionalism

Is the political process, with all its difficulties, merely reflective of contemporary constitutionalism? Are the problems an aspect of ongoing inter-communal dialogue? To what extent are existing difficulties exacerbated by a general failure to grasp the difference between the logic of law and political theory and practice? These questions are addressed here in three basic stages: first, the r...

Constitutional Political Economy

Taking the view that constitutions are devices Whereby people coordinate to specific equilibria in circumstances that allow multiple equilibria, we show that a constitutional secession clause can serve as such a device and, therefore, that such a clause is more than an empty promise or an ineffectual threat. Employing a simple three-person recursive game, we establish that under certain conditi...

Constitutional reason and political identity

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Two internal critiques of political constitutionalism