Two internal critiques of political constitutionalism

Goldoni, M. (2012) Two internal critiques of political constitutionalism. International Journal of Constitutional Law, 10(4), pp. 926-949. (doi: 10.1093/icon/mos033)

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Abstract

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.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Goldoni, Dr Marco
Authors: Goldoni, M.
College/School:College of Social Sciences > School of Law
Journal Name:International Journal of Constitutional Law
Publisher:Oxford University Press
ISSN:1474-2640
ISSN (Online):1474-2659
Copyright Holders:Copyright © 2012 The Authors
First Published:First published in International Journal of Constitutional Law 10(4):926-949
Publisher Policy:Reproduced under a Creative Commons License

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