The material constitution

Goldoni, M. and Wilkinson, M. A. (2018) The material constitution. Modern Law Review, 81(4), pp. 567-597. (doi: 10.1111/1468-2230.12352)

153227.pdf - Accepted Version



What is the material context of constitutional order? The purpose of this paper is to offer an answer to that question by sketching a theory of the material constitution. Moving beyond the interwar constitutional theories of Heller and Mortati, the paper outlines the four ordering forces of the material constitution: political unity; a set of institutions; social relations, and fundamental political objectives. These forces constitute the substance and dynamic of constitutional ordering, in internal relation with the formal constitution. Because these ordering forces are multiple, and in tension with one another, there is no single determining factor of constitutional development. Neither is order as such guaranteed. The conflict that characterises the modern human condition might but need not be internalised by the process of constitutional ordering. The theory of the material constitution offers an account of the basic elements of this process as well as its internal dynamic.

Item Type:Articles
Glasgow Author(s) Enlighten ID:Goldoni, Professor Marco
Authors: Goldoni, M., and Wilkinson, M. A.
College/School:College of Social Sciences > School of Law
Journal Name:Modern Law Review
ISSN (Online):1468-2230
Published Online:04 July 2018
Copyright Holders:Copyright © 2018 The Authors and The Modern Law Review
First Published:First published in Modern Law Review 81(4): 567-597
Publisher Policy:Reproduced in accordance with the publisher copyright policy

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