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Ideological Constitutionalism.

Authors :
Duke, George
Source :
Modern Law Review. Jan2025, Vol. 88 Issue 1, p64-84. 21p.
Publication Year :
2025

Abstract

A renewed interest in the concept of ideology is evident in recent constitutional theory. Ideology has featured prominently not only in restatements of traditional Marxist positions and attempted retrievals of the material conception of the constitution, but also in democratic critiques of liberal constitutionalism and theories of constitutional identity. The intention of this article is twofold. Firstly, the article defends the explanatory power of a conception of constitutional ideology that is centred on political domination and the 'universalisation' of contingent power relations, rather than more diffuse notions like the symbolic construction of reality or worldviews. Secondly, the article considers distinctive ideological dimensions of modern constitutionalism. An analysis of these dimensions, I contend, confirms modern constitutionalism's strong ideological 'potential'. [ABSTRACT FROM AUTHOR]

Details

Language :
Italian
ISSN :
00267961
Volume :
88
Issue :
1
Database :
Academic Search Index
Journal :
Modern Law Review
Publication Type :
Academic Journal
Accession number :
181920667
Full Text :
https://doi.org/10.1111/1468-2230.12912