Constitutions as Mediums of Collective Identities
When we think about constitutions, we tend to see them predominantly through the normative lens of legality, forgetting about the social implications of constitutions and the lives thereof. And even when we do study them from a more socio–legal perspective, we usually associate them solely with the...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
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| Series: | German Law Journal |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S2071832224000087/type/journal_article |
| _version_ | 1797253839846375424 |
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| author | Lukáš Lev Červinka |
| author_facet | Lukáš Lev Červinka |
| author_sort | Lukáš Lev Červinka |
| collection | DOAJ |
| description | When we think about constitutions, we tend to see them predominantly through the normative lens of legality, forgetting about the social implications of constitutions and the lives thereof. And even when we do study them from a more socio–legal perspective, we usually associate them solely with the state. This understanding of constitutions is the legacy of not only a state–centric approach in legal science but also of an institutional approach, particularly in political science. It shapes our understanding of constitutions as legal regulations of an institutional framework of the state and the conduct of politics. Moreover, the liberal tradition compels us to see constitutions as tools to restrain the power of the state and ensure the rights and liberties of individuals; that is, as tools of the liberal rule of law. |
| first_indexed | 2024-04-24T21:40:27Z |
| format | Article |
| id | doaj.art-5ee4d2b3b1094cdebcaf16276f11fcc2 |
| institution | Directory Open Access Journal |
| issn | 2071-8322 |
| language | English |
| last_indexed | 2024-04-24T21:40:27Z |
| publisher | Cambridge University Press |
| record_format | Article |
| series | German Law Journal |
| spelling | doaj.art-5ee4d2b3b1094cdebcaf16276f11fcc22024-03-21T06:08:25ZengCambridge University PressGerman Law Journal2071-832211710.1017/glj.2024.8Constitutions as Mediums of Collective IdentitiesLukáš Lev Červinka0https://orcid.org/0000-0002-0770-7071Charles University, Prague, Czech Republic and Ca’ Foscari University of Venice, Venice, ItalyWhen we think about constitutions, we tend to see them predominantly through the normative lens of legality, forgetting about the social implications of constitutions and the lives thereof. And even when we do study them from a more socio–legal perspective, we usually associate them solely with the state. This understanding of constitutions is the legacy of not only a state–centric approach in legal science but also of an institutional approach, particularly in political science. It shapes our understanding of constitutions as legal regulations of an institutional framework of the state and the conduct of politics. Moreover, the liberal tradition compels us to see constitutions as tools to restrain the power of the state and ensure the rights and liberties of individuals; that is, as tools of the liberal rule of law.https://www.cambridge.org/core/product/identifier/S2071832224000087/type/journal_articleConstitutionssocial systems theoryimaginaryidentityCzechiaItaly |
| spellingShingle | Lukáš Lev Červinka Constitutions as Mediums of Collective Identities German Law Journal Constitutions social systems theory imaginary identity Czechia Italy |
| title | Constitutions as Mediums of Collective Identities |
| title_full | Constitutions as Mediums of Collective Identities |
| title_fullStr | Constitutions as Mediums of Collective Identities |
| title_full_unstemmed | Constitutions as Mediums of Collective Identities |
| title_short | Constitutions as Mediums of Collective Identities |
| title_sort | constitutions as mediums of collective identities |
| topic | Constitutions social systems theory imaginary identity Czechia Italy |
| url | https://www.cambridge.org/core/product/identifier/S2071832224000087/type/journal_article |
| work_keys_str_mv | AT lukaslevcervinka constitutionsasmediumsofcollectiveidentities |