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2 results

  • 5 - The Constitution in the Material Sense According to Costantino Mortati

  • from Part I - History
  • Edited by Marco Goldoni, University of Glasgow, Michael A. Wilkinson, London School of Economics and Political Science
  • Book:
    The Cambridge Handbook on the Material Constitution
    Published online:
    15 January 2023
    Print publication:
    05 January 2023, pp 89-99

  • Summary

    Costantino Mortati theorised the material constitution as the ‘grey area between law and politics’. This space is the source of all normativity and is comprised of two fundamental features: the essential content and the normative material elements. Both arise from and reflect the material relations present in society. Further, the formal aspect of the constitution, the text of the law, is a by-product of any given configuration of such material relations. The implication of Mortati’s focus on the ‘constitution in the material sense’ is his extensive theorisation and active promotion of means of popular participation suitable to uphold the material constitution and keep its relationship to the formal aspects of law active and dynamic.

Constituent Power
  • A History
  • Lucia Rubinelli
  • Published online:
    28 April 2020
    Print publication:
    21 May 2020
  • From the French Revolution onwards, constituent power has been a key concept for thinking about the principle of popular power, and how it should be realised through the state and its institutions. Tracing the history of constituent power across five key moments - the French Revolution, nineteenth-century French politics, the Weimar Republic, post-WWII constitutionalism, and political philosophy in the 1960s - Lucia Rubinelli reconstructs and examines the history of the principle. She argues that, at any given time, constituent power offered an alternative understanding of the power of the people to those offered by ideas of sovereignty. Constituent Power: A History also examines how, in turn, these competing understandings of popular power resulted in different institutional structures and reflects on why contemporary political thought is so prone to conflating constituent power with sovereignty.