Chapter

In Defence of ‘Constitution’

Rainer Wahl

in The Twilight of Constitutionalism?

Published in print February 2010 | ISBN: 9780199585007
Published online May 2010 | e-ISBN: 9780191723469 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199585007.003.0011

Series: Oxford Constitutional Theory

In Defence of ‘Constitution’

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This chapter defends the conceptual use of ‘constitution’ as a state-centred concept. It presents the case that the extension of the usage of the concept, whether as a form of ‘higher law’ in the international arena or as a species of ‘societal law’, amounts to a political emptying of the concept. Those who use the language of constitutionalism in such circumstances are seeking to exploit the ‘noble aura’ of the term without being able to realise its necessary prerequisites.

Keywords: constitution; constitutionalism; higher law; societal law

Chapter.  11604 words. 

Subjects: Constitutional and Administrative Law

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