Constitutionalism beyond Liberalism

Explores the possibilities of constitutionalism from diverse theoretical and comparative perspectives, particularly those from outside liberal and Anglo-European paradigms.

Michael W. Dowdle (Edited by), Michael A. Wilkinson (Edited by)

9781107533073, Cambridge University Press

Paperback / softback, published 14 June 2018

374 pages
22.7 x 15.2 x 2.1 cm, 0.55 kg

Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.

Introduction and overview
Part I. Limits of the Structural-Liberal Vision: 1. On the limits of constitutional liberalism: in search of constitutional reflexivity Michael W. Dowdle and Michael A. Wilkinson
2. The reconstitution of postwar Europe: liberal excesses, democratic deficiencies Michael A. Wilkinson
Part II. Functional Symbiosis: 3. Constitutional drift: spontaneous co-evolution of social 'ideas' and legal 'form' Gunther Teubner
4. 'Constitutionalism beyond liberalism' in Indonesian competition regulation: recognizing the constitutional role of dominium Michael W. Dowdle
5. Social intuitions in the shadow of liberal constitutionalism: an Indian perspective Mathew John
Part III. The Political Construction of the State: 6. On constituent power Martin Loughlin
7. Socialist constitutionalism in contemporary China Baogang He
8. Islamic constitutionalism beyond liberalism Clark Lombardi
Part IV. Solidarity: 9. Rousseau's radical constitutionalism and its legacy Marco Goldoni
10. Constitutional trajectory in Malaysia: constitutionalism without consensus? Andrew Harding
11. A sense of grievance and the quest for freedom: South Africa's constitution - the struggle continues Hugh Corder.

Subject Areas: Systems of law [LAF], Constitution: government & the state [JPHC], Liberalism & centre democratic ideologies [JPFK]