Progressive and Conservative Constitutionalism

Should Progressive Constitutionalism Embrace Popular Constitutionalism?

There are two conceptions of progressive constitutionalism explored in this Symposium. The first is of progressive constitutionalism as, first and foremost, a programmatic agenda, focused on how progressives’ “distinctive constitutional vision may best be transmuted into claims of constitutional law.”1 To the extent that this constitutional vision entails only a set of policy preferences (e.g.,...

Progressive Constitutionalism and Alternative Movements in Law

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...

New Governance , Law and Constitutionalism

Proportionality Balancing and Global Constitutionalism