The Paradox of Constitutionalism or the Potential of Constitutional Theory?

Abstract

Modern constitutionalism, the editors of the collection of essays under review claim, has at its centre a paradox between the people as sovereign or constituent power and the constitution; constitutions are the creation of the people yet, once created, impose restraints on them. Examination of the paradox is the object of the essays in this volume. By doing so, the editors Martin Loughlin and Neil Walker contend, we shall be in a better position to understand a number of trends impacting upon ‘the activity of governing’ and ‘to throw new light on the character of the modern discourse of constitutionalism’.1 The result is a varied collection of essays, some philosophical, some case studies of constitutional systems, others exploring constitutional questions arising from globalization and the creation of supra-national institutions. The opposite trend of political communities emerging within national constitutional systems is the subject of one of the essays, while...