Abstract

This paper offers a comment on Paolo Sandro’s “The making of constitutional democracy”. It discusses Sandro’s choice of defining modern constitutionalism as legal otherness from two perspectives. First, Sandro’s methodological option for discussing constitutional theory is addressed by looking at legal traditions, clarifying the extent to which comparative constitutional law can help the development of studies in legal theory. Second, it addresses the accounts of constitutionalism that Sandro introduces in his work to set the scene for the discussion of the conditions for the existence and endurance of constitutional democracy.

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