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Constitutionalism beyond Liberalism

$32.00 ( ) USD

Michael W. Dowdle, Michael A. Wilkinson, Gunther Teubner, Mathew John, Martin Loughlin, Baogang He, Clark Lombardi, Marco Goldoni, Andrew Harding, Hugh Corder
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  • Date Published: March 2017
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781316944363

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About the Authors
  • 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.

    • Combines theoretical and comparative constitutional analysis, putting together two sets of discourses that are usually separate, enabling theory and practice to be mutually enhanced
    • Theoretically comparative, providing the reader with a better understanding of the possibilities of constitutionalism
    • Geographically comparative, enabling the reader to see how constitutional theory can transcend national and cultural differences
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    Product details

    • Date Published: March 2017
    • format: Adobe eBook Reader
    • isbn: 9781316944363
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    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.

  • Editors

    Michael W. Dowdle, National University of Singapore
    Michael W. Dowdle is an Assistant Professor of Law at the National University of Singapore. His research interests are in comparative public law - in particular, public law and constitutionalism - as it manifests outside of the countries of the North Atlantic.

    Michael A. Wilkinson, London School of Economics and Political Science
    Michael A. Wilkinson is an Associate Professor of Law at the London School of Economics and Political Science. His research interests include European integration, constitutional theory, and legal, political and social theory.


    Michael W. Dowdle, Michael A. Wilkinson, Gunther Teubner, Mathew John, Martin Loughlin, Baogang He, Clark Lombardi, Marco Goldoni, Andrew Harding, Hugh Corder

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