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Vol 22 No 10 Oct/Nov 2017

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Lindley & Banks on Partnership

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Constitutionalism Beyond Liberalism

Edited by: Michael W. Dowdle, Michael A. Wilkinson

ISBN13: 9781107112759
Published: January 2017
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £75.00



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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.

Subjects:
Constitutional and Administrative Law
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.