The Cambridge Handbook on the Material Constitution

The material constitution was marginalized in constitutional scholarship after the Second World War, leading to a normative and legalistic approach that neglected social reality and political economy. This collection explores the concept's history and development, testing its relevance in the contemporary world. It demonstrates that the material constitution speaks to pressing issues such as economic development and constitutional identity, offering original analyses supported by international case studies.

Format: Hardback
Length: 500 pages
Publication date: 05 January 2023
Publisher: Cambridge University Press

The concept of the material constitution, which has a long and illustrious history, nearly vanished from constitutional scholarship following the Second World War. This marginalization resulted in a normative and legalistic approach to constitutional law that disregarded the importance of social reality and political economy. However, this collection aims to reclaim the history and development of the material constitution while also assessing its theoretical and practical relevance in the contemporary world.

The collection features essays from a diverse range of contributors, showcasing that the material constitution addresses several pressing issues. These issues range from the significance of economic development in constitutional orders to questions of constitutional identity. By offering original analyses supported by international case studies, this book develops a novel model of constitutional reality that profoundly impacts our understanding of the world.

The material constitution plays a crucial role in shaping constitutional orders and understanding the dynamics between different social, economic, and political forces. It recognizes that the Constitution is not merely a legal document but also a reflection of the broader social, economic, and political context in which it operates. This approach emphasizes the importance of considering the material conditions that shape constitutional outcomes and the role of institutions, policies, and practices in shaping constitutional identity.

One of the key contributions of this collection is its exploration of the relationship between economic development and constitutional orders. The essays demonstrate that economic development is not only a key factor in shaping constitutional identity but also plays a crucial role in determining the scope and limits of constitutional rights and freedoms. Economic inequality, for example, can have significant implications for constitutional democracy, as it can limit the ability of marginalized groups to participate in political processes and access basic rights.

Furthermore, the collection highlights the importance of considering the role of institutions in shaping constitutional reality. Institutions, such as the judiciary, the executive, and the legislature, play a critical role in interpreting and enforcing the Constitution. They can either promote or hinder the realization of constitutional values and rights. The essays in this collection explore the ways in which different institutions have influenced the development of constitutional law and the role they play in maintaining or challenging constitutional norms and values.

Another important theme explored in this collection is the question of constitutional identity. The essays examine the ways in which different constitutional systems have sought to define and express their identity through their constitutions. They explore the role of cultural, historical, and social factors in shaping constitutional identity and the ways in which constitutional norms and values can evolve over time. The collection also examines the challenges faced by constitutional systems in maintaining their identity in the face of changing social, economic, and political contexts.

In conclusion, this collection offers a valuable contribution to constitutional scholarship by reclaiming the concept of the material constitution and assessing its theoretical and practical relevance in the contemporary world. The essays provide original insights into the history, development, and significance of the material constitution, while also exploring its theoretical and practical implications. By offering a diverse range of perspectives and approaches, this collection contributes to our understanding of the world in profound ways.

Weight: 936g
Dimension: 185 x 263 x 30 (mm)
ISBN-13: 9781316519462