The Cambridge Handbook on the Material Constitution

doi:10.1017/9781009023764

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Croce, Mariano 2024. Democracy: constrained or militant? Carl Schmitt and Karl Loewenstein on what it means to defend the constitution. Intellectual History Review, p. 1.

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Edited by Marco Goldoni, University of Glasgow, Michael A. Wilkinson, London School of Economics and Political Science

Publisher:: Cambridge University Press
Online publication date:: January 2023
Print publication year:: 2023
Online ISBN:: 9781009023764
DOI:: https://doi.org/10.1017/9781009023764

Series:: Cambridge Law Handbooks
Subjects:: Constitutional and Administrative Law, Law: General Interest, Law, Philosophy, Political Philosophy
Collection:: Cambridge Law Handbooks

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Despite a long and venerable tradition, the material constitution almost disappeared from constitutional scholarship after the Second World War. Its marginalisation saw the rise of a normative and legalistic style in constitutional law that neglected the role of social reality and political economy. This collection not only retrieves the history and development of the concept of the material constitution, but it tests its theoretical and practical relevance in the contemporary world. With essays from a diverse range of contributors, the collection demonstrates that the material constitution speaks to several pressing issues, from the significance of economic development in constitutional orders to questions of constitutional identity. Offering original analyses supported by international case studies, this book develops a new model of constitutional reality, one that informs our understanding of the world in profound ways.

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