The Prehistory of Constitutionalism: the Sources or the Archetype?

Jurisprudencija: Mokslo darbu žurnalas 118 (4):21-46 (2009)
  Copy   BIBTEX

Abstract

The following categories can be found in the analysis of the prehistory of constitutionalism: the early constitutionalism, the ancient constitutionalism, the medieval or canonical constitutionalism. The usage of these categories raises the question: is constitutionalism the product of the Age of Enlightenment or is it an older phenomenon? The author of the article approaches this problem from another point of view: maybe the usage of the mentioned categories is an anachronism? In this case the elements taken form different contexts are combined into a single unit typical to recent reality. This conjunction, when neither the single entirety nor the alterations of contexts are taken into consideration, distorts the understanding of the past, fits the past to the Procrustian bed straining it to the present standards. The existence of separate elements does not allow the consideration of the phenomenon as a whole. It also suits the category of constitutionalism. In author’s opinion, it is necessary to differentiate between: a) the prehistory of constitutionalism; b) the era of written constitutions as the legal acts of supreme power, the essence of which is expressed by the category of constitutionalism and which began in XVIII century

Other Versions

No versions found

Links

PhilArchive

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

The Quest for Constitutionalism in UK Public Law Discourse.Jo Eric Khushal Murkens - 2009 - Oxford Journal of Legal Studies 29 (3):427-455.
The constitutional theatre.Olaf Tans - 2002 - Res Publica 8 (3):231-248.
The Features of the Mexican Constitution.Elena Vaitiekienė - 2009 - Jurisprudencija: Mokslo darbu žurnalas 115 (1):89-121.
Constitutionalism and Value Theory.Andras Szigeti - 2010 - In András Sajó & Renáta Uitz, Constitutional Topography: Values and Constitutions. ELEVEN INTERNATIONAL PUBLISHING.
Constitutionalism and the despatch‐box principle.Preston King - 1999 - Critical Review of International Social and Political Philosophy 2 (2):29-58.

Analytics

Added to PP
2013-12-09

Downloads
82 (#688,080)

6 months
7 (#1,400,515)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

Add more references