An Exploration of Constitutional Language
from Part II - Challenges
Published online by Cambridge University Press: 15 January 2023
The idea of a material constitution has become influential for at least two reasons. The first reason is the absence of coincidence between the scope of the rules of the formal or written constitution and the wider field of constitutional rules. Second, the idea of a material constitution also comes into play as some authors will define the constitution by a specific content or ’matter’. This chapters aims at clarifying the uses of the reference to a constitutional matter by exploring the form versus matter distinction. The core of our case can be summed up as follows: the form of the constitution is law; the matter of the constitution is politics. Politics, as a social activity, influences law as much as law, in turn, can govern political action to a certain degree. In this process, legal substance is as relevant as legal form. What matters, thus, is a relative degree of fitness between political activity (or matter) and law. A (sufficiently) ’good’ constitution allows for political activity to take place, while shaping it in keeping with basic constitutionalist values and principles. Such a constitution can be defined as a principled instrument of self-government.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.