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The Paradox of Constitutionalism or the Potential of Constitutional Theory?†

The Paradox of Constitutionalism or the Potential of Constitutional Theory?† Oxford Journal of Legal Studies, Vol. 28, No. 2 (2008), pp. 343–367 doi:10.1093/ojls/gqn007 The Paradox of Constitutionalism or the Potential of Constitutional Theory? D. J. GALLIGAN* Modern constitutionalism, the editors of the collection of essays under review claim, has at its centre a paradox between the people as sovereign or con- stituent power and the constitution; constitutions are the creation of the people yet, once created, impose restraints on them. Examination of the paradox is the object of the essays in this volume. By doing so, the editors Martin Loughlin and Neil Walker contend, we shall be in a better position to understand a number of trends impacting upon ‘the activity of governing’ and ‘to throw new light on the character of the modern discourse of constitutionalism’. The result is a varied collection of essays, some philosophical, some case studies of constitutional systems, others exploring constitutional questions arising from globalization and the creation of supra-national institutions. The opposite trend of political communities emerging within national constitutional systems is the subject of one of the essays, while post-modernism is the inspiration for several others. The alleged paradox is taken seriously in a few, paid lip-service in others and ignored in http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Oxford Journal of Legal Studies Oxford University Press

The Paradox of Constitutionalism or the Potential of Constitutional Theory?†

Galligan, D. J.
Oxford Journal of Legal Studies , Volume 28 (2) – Jan 1, 2008
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Publisher
Oxford University Press
Copyright
© The Author 2008. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org
ISSN
0143-6503
eISSN
1464-3820
DOI
10.1093/ojls/gqn007
Publisher site
See Article on Publisher Site

Abstract

Oxford Journal of Legal Studies, Vol. 28, No. 2 (2008), pp. 343–367 doi:10.1093/ojls/gqn007 The Paradox of Constitutionalism or the Potential of Constitutional Theory? D. J. GALLIGAN* Modern constitutionalism, the editors of the collection of essays under review claim, has at its centre a paradox between the people as sovereign or con- stituent power and the constitution; constitutions are the creation of the people yet, once created, impose restraints on them. Examination of the paradox is the object of the essays in this volume. By doing so, the editors Martin Loughlin and Neil Walker contend, we shall be in a better position to understand a number of trends impacting upon ‘the activity of governing’ and ‘to throw new light on the character of the modern discourse of constitutionalism’. The result is a varied collection of essays, some philosophical, some case studies of constitutional systems, others exploring constitutional questions arising from globalization and the creation of supra-national institutions. The opposite trend of political communities emerging within national constitutional systems is the subject of one of the essays, while post-modernism is the inspiration for several others. The alleged paradox is taken seriously in a few, paid lip-service in others and ignored in

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Oxford Journal of Legal Studies – Oxford University Press

Published: Jan 1, 2008

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