Edited by Anthony F. Lang and Antje Wiener
Chapter 33: Constitutionalism and pluralism
Constitutionalism presupposes one authoritative frame for the political domain, paradigmatically shaped as the state. Yet notions of unity, closure and hierarchy contrast with the diversity, unsettlement and heterarchical accommodation associated with political pluralism. The tensions between formal unity and material pluralism capture much that is distinctive of constitutionalism today. The chapter examines two ways that constitutional practice entertains political pluralism, namely, within a single constitutional order through ‘plural constitutionalism’, and between constitutional orders through ‘constitutional pluralism’. The chapter also addresses the (dis)continuity between these approaches. To what extent can we view these as the product of a single ‘constitutional ethic’?
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