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from Part I - History
Published online by Cambridge University Press: 15 January 2023
Costantino Mortati theorised the material constitution as the ‘grey area between law and politics’. This space is the source of all normativity and is comprised of two fundamental features: the essential content and the normative material elements. Both arise from and reflect the material relations present in society. Further, the formal aspect of the constitution, the text of the law, is a by-product of any given configuration of such material relations. The implication of Mortati’s focus on the ‘constitution in the material sense’ is his extensive theorisation and active promotion of means of popular participation suitable to uphold the material constitution and keep its relationship to the formal aspects of law active and dynamic.
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