Skip to Main Content

The Constitution of Freedom: An Introduction to Legal Constitutionalism

Online ISBN:
9780191796524
Print ISBN:
9780198732174
Publisher:
Oxford University Press
Book

The Constitution of Freedom: An Introduction to Legal Constitutionalism

András Sajó,
András Sajó
Judge, European Court of Human Rights
Find on
Renáta Uitz
Renáta Uitz
Professor of Comparative Constitutional Law, Central European University
Find on
Published online:
21 December 2017
Published in print:
26 October 2017
Online ISBN:
9780191796524
Print ISBN:
9780198732174
Publisher:
Oxford University Press

Abstract

With the rise of populist, anti-constitutional sentiment and the normalization of the anti-terror state it has once again become imperative to explain what constitutionalism means for the constitutional legal order and the political community which is meant to live by it. This book’s intention is less to guide technically proper constitution-writing and interpretation, but rather showing what is at stake in the debate on constitutionalism. It aims to demonstrate why constitutionalism should continue to matter. In doing so, the constitutional facts are left to speak for themselves. Muses and technicians of classic constitutions are lined up alongside the inspired architects of more recent ones to show what constitutionalism can be about and what constitutions have become in constitutional law. Constitutional democracy is more fragile and less ‘natural’ than autocracy. Unfortunately, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. They also conveniently failed to protect themselves emotionally and intellectually against the cult of simple solutions. Generations who lived in stable democracies with the promise that their enviable world will become the global ‘normal’ find this difficult to conceive. It is difficult, but never too late to look at one’s own constitutional system as one that is fragile and in need of constant attention and care. Therefore, recapitulating how constitutionalism protects us and how it can be undone with its very own means became the task of this book.

Contents
Close
This Feature Is Available To Subscribers Only

Sign In or Create an Account

Close

This PDF is available to Subscribers Only

View Article Abstract & Purchase Options

For full access to this pdf, sign in to an existing account, or purchase an annual subscription.

Close