Introduction: What is constitutionalism? -- Part I. Origins of constitutionalism: Constitutions: traditional and modern -- The ideology of constitutionalism -- The constitution of what? -- The path to ordo-constitutionalism -- Part II. Elements of constitutional democracy -- Constituent power -- Constitutional rights -- Constitutional democracy -- Part III. The Age of constitutionalism: The Constitution as civil religion -- Toward a juristocracy -- Integration through interpretation -- A new species of law -- The struggle for recognition -- The cosmopolitan project -- Conclusion: Overcoming constitutionalism.
Summary:
"Tracing constitutional thought from the Enlightenment to the present, Martin Loughlin shows how a tool for the protection of self-government has become a means for subverting popular will. Across the globe, constitutions now displace democratic decision-making, as courts interpret values in the law that ultimately trump legislative action"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.