Is a constitution a set of legal rules from which officials obtain guidance for their own conduct and for assessing the conduct of others; or is it the result of ever-negotiable settlements employed to sustain peaceful cooperation? Those who answer the first question affirmatively are considered to be normativists; those who opt for the second...
Tag: <span>Alexander Somek</span>
The forgotten alternative: Ancient political thought
Goldoni‘s and Wilkinson‘s “material constitution“ offers one of the most elaborate alternatives to the constitutional normativism of our time. It is sociologically rich and pays heed to the economic forces underpinning a constitutional regime. Yet, along with other “sociological“ and “political“ approaches to constitutionalism it does not take into account that modern constitutional law emerges...