Constitutionalism beyond Liberalism

Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.

Introduction and overview; Part I. Limits of the Structural-Liberal Vision: 1. On the limits of constitutional liberalism: in search of constitutional reflexivity Michael W. Dowdle and Michael A. Wilkinson; 2. The reconstitution of postwar Europe: liberal excesses, democratic deficiencies Michael A. Wilkinson; Part II. Functional Symbiosis: 3. Constitutional drift: spontaneous co-evolution of social 'ideas' and legal 'form' Gunther Teubner; 4. 'Constitutionalism beyond liberalism' in Indonesian competition regulation: recognizing the constitutional role of dominium Michael W. Dowdle; 5. Social intuitions in the shadow of liberal constitutionalism: an Indian perspective Mathew John; Part III. The Political Construction of the State: 6. On constituent power Martin Loughlin; 7. Socialist constitutionalism in contemporary China Baogang He; 8. Islamic constitutionalism beyond liberalism Clark Lombardi; Part IV. Solidarity: 9. Rousseau's radical constitutionalism and its legacy Marco Goldoni; 10. Constitutional trajectory in Malaysia: constitutionalism without consensus? Andrew Harding; 11. A sense of grievance and the quest for freedom: South Africa's constitution - the struggle continues Hugh Corder.

Michael W. Dowdle is an Assistant Professor of Law at the National University of Singapore. His research interests are in comparative public law - in particular, public law and constitutionalism - as it manifests outside of the countries of the North Atlantic.
Michael A. Wilkinson is an Associate Professor of Law at the London School of Economics and Political Science. His research interests include European integration, constitutional theory, and legal, political and social theory.