The New Borders of the Constitutional

Anderson, G.W. (2013) The New Borders of the Constitutional. Osgoode Hall Law Journal, 50(3), pp. 737-762.

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Abstract

The key critical constitutional debates of the future are likely—and need—to be very different from those that animated the Charter’s fi rst thirty years. Since 1982, the borders between law and politics, rights and utility, and the public and the private have staked out the main territory contested by critical scholarship. However, these borders now demarcate a restricted landscape, drawing critics onto the ground of normative debate preferred by liberal theory, and leading them to propose, at best, a form of moderate pragmatism. A more promising approach lies in reconnecting constitutional debate to the socio-historical strand of critical theory, as represented by the emergent school of constitutional sociology, and in developing this connection in light of the insights of postcolonial studies. The new borders of the constitutional are located between those approaches that accept the epistemological framework of modern Western constitutionalism, and those that make that framework the object of critical inquiry.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Anderson, Dr Gavin
Authors: Anderson, G.W.
College/School:College of Social Sciences > School of Law
Journal Name:Osgoode Hall Law Journal
ISSN:0030-6185

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