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2 - Constitutionalism beyond modernity

Published online by Cambridge University Press:  22 September 2009

Antje Wiener
Affiliation:
University of Bath
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Summary

Constitutionalism is,… but a prism through which one can observe a landscape in a certain way, an academic artefact with which one can organize the milestones and landmarks within the landscape…, an intellectual construct by which one can assign meaning to, or even constitute, that which is observed.

(Weiler 1999: 223; my emphasis)

Introduction: emerging constitutional quality in a global context

When speaking of a constitution, we mean a set of norms, principles and provisions and the mandate to organise the political (Snyder 1990; Preuss 1994; Rosenfeld 1994). In distinction from other agreements such as conventions or treaties, constitutions are expected to offer a ‘civilised’ and ‘embedded’ approach to settling conflicts while respecting the constituents’ wishes and ways of life. Constitutions relate to a set of cultural and social conditions within specific contexts, and they represent an agreement (written or not) among representatives of the governed within a community to make sure that the governors proceed according to the wishes of the former (Tully 1995; Walker 2002; Maduro 2003). While this type of agreement has had a long-standing role in domestic politics in Europe starting with the Greek city-states, a similar constitutional quality has emerged only much more recently in international politics.

Type
Chapter
Information
The Invisible Constitution of Politics
Contested Norms and International Encounters
, pp. 21 - 36
Publisher: Cambridge University Press
Print publication year: 2008

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