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

'… a compelling book broadening our horizons.' Eugénie Mérieau, Jurisprudence

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]