Chapter

The Constitution: Government and the rule of law

Rachel S. Turner

in Neo-Liberal Ideology

Published by Edinburgh University Press

Published in print February 2008 | ISBN: 9780748632688
Published online March 2012 | e-ISBN: 9780748652792 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748632688.003.0007
The Constitution: Government and the rule of law

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This chapter looks at the constitution and the rule of law. It sees the constitution as a fundamental concept for neo-liberalism, one through which the powers of government may be curtailed. The chapter explores national forms of constitutionalism, and identifies the different models of constitutional government that neo-liberalism draws upon to create its own ideal constitution. It sets out the neo-liberal ideal of a Rechtsstaat and the fundamental distinction between law and legislation. The chapter argues that the emphasis which neo-liberalism places on the constitution demonstrates that, far from being anti-political, neoliberalism is rather an ideology with a serious doctrine about politics and government at its heart.

Keywords: neo-liberalism; constitutionalism; Rechtsstaat; politics; constitutional government

Chapter.  10082 words. 

Subjects: Political Theory

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