An Aristotelian Critique of the Idea of Mixed Constitutions in Modern Governance

Abstract

The main argument of the article regards Aristotle’s anti-realistic account, which presents a different viewpoint from that which simply fulfils or negates the truth-values of our statements on Mixed Constitutions. In modern times, the idea of a Constitution of many minds or of many individuals is proposed by Sunstein and by Hart, who maintain that neither intentions in juridical procedure nor Constitutional provisions can produce an ideal Constitution. Thus any interpretative procedure assigning to legal reality any definite, once-and-for-all meaning is precarious, according to Aristotle who asks whether we can gain epistemic access to the real essences of Constitutions and their structure. These ideas respond to a challenge in the Works of Contiades, who will help us to turn the ideal Constitution into a realisable model in the situation in which we live nowadays. This is the main challenge to be met by the institutions of Europe in order to safeguard the nature of historical and intellectual values.