Societal Constitutionalism (Theory of)

Abstract

The paper provides an outline and systematisation of societal constitutionalism (SC), one of the main frameworks emerged in contemporary legal theory to analyse constitutional phenomena. After a general introduction in section A, section B recalls SC’s theoretical background, namely the Economic Constitution (B.I), legal pluralism (B.II), systems theory (B.III), and the work of David Sciulli (B.IV). Section C explains SC’s analytical limb, which on the one hand de-constructs some tenets of state-centred constitutionalism (C.I); and on the other hand individuates the functions, arenas, processes, and structures of a constitutionalised system (C.II). Section D turns to SC’s normative limb, pointing to some legal policy proposals, aimed at the increase of social systems’ capacities of self-limitation (D.I); and at the development of a law of inter-systemic collisions (D.II). Section E concludes addressing some of the main competing approaches and criticisms, namely those coming from the proponents of state-centred constitutionalism (E.I); of international/global constitutionalism (E.II); and of contestatory/material constitutionalism (E.III).