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18 - What Is a Constitution?

from Part III - Concepts, Shapes and Types of Constitutions

Published online by Cambridge University Press:  19 October 2023

Wim Voermans
Affiliation:
Universiteit Leiden
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Summary

Constitutions come in shapes and sizes. What do we actually mean by a constitution? Does this conception encompass all fundamental legal practices and norms for organising political societies’ legal and leadership systems – commonly denoted as ‘small c constitutions’? Or are we only referring to the so-called ‘large C’ constitutions: the official, formal legally binding document that countries proclaim as ‘Constitution. This chapter explores the different concepts, definitions and elements thereof. Whatever the definition or character of the document, a constitution will have to have a higher status than other forms of written law, Hans Kelsen held, otherwise it would not be a real constitution. Does that always hold true. The chapter also discusses constitutions as a belief system, and constitutionalism.

Type
Chapter
Information
The Story of Constitutions
Discovering the We in Us
, pp. 203 - 220
Publisher: Cambridge University Press
Print publication year: 2023

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  • What Is a Constitution?
  • Wim Voermans, Universiteit Leiden
  • Book: The Story of Constitutions
  • Online publication: 19 October 2023
  • Chapter DOI: https://doi.org/10.1017/9781009385084.022
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  • What Is a Constitution?
  • Wim Voermans, Universiteit Leiden
  • Book: The Story of Constitutions
  • Online publication: 19 October 2023
  • Chapter DOI: https://doi.org/10.1017/9781009385084.022
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • What Is a Constitution?
  • Wim Voermans, Universiteit Leiden
  • Book: The Story of Constitutions
  • Online publication: 19 October 2023
  • Chapter DOI: https://doi.org/10.1017/9781009385084.022
Available formats
×