Constitutional Symbolism in the Shadow of the Common Good
This paper aims to clarify the concept of the symbolic constitution and to explain one of its most significant functions: the representation of political unity in complex societies. Section B briefly outlines the concept of the symbolic constitution which informs the arguments of the paper. The next...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2024-05-01
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| Series: | German Law Journal |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S2071832223001062/type/journal_article |
| _version_ | 1827095598016233472 |
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| author | George Duke |
| author_facet | George Duke |
| author_sort | George Duke |
| collection | DOAJ |
| description | This paper aims to clarify the concept of the symbolic constitution and to explain one of its most significant functions: the representation of political unity in complex societies. Section B briefly outlines the concept of the symbolic constitution which informs the arguments of the paper. The next two sections proceed “hermeneutically” through critical engagements with (i) Martin Loughlin’s recent analysis of the symbolic constitution within an ideology-critique of neo-liberal constitutionalism (ii) Niklas Luhmann’s account of the role of symbolic constitutionalism in concealing the function of the modern constitution as a structural coupling between the political and legal sub-systems. Section E then considers the relationship between the symbolic constitution and an alternative “traditional” concept for the representation of political unity: the common good. I argue that the symbolic constitution is both (i) a placeholder which speaks to the abiding relevance of the common good (ii) a symptom of the decline of its preconditions. |
| first_indexed | 2024-03-07T15:36:47Z |
| format | Article |
| id | doaj.art-7c0c0bc210264c65bfaf183fb789cbf3 |
| institution | Directory Open Access Journal |
| issn | 2071-8322 |
| language | English |
| last_indexed | 2025-03-20T07:02:25Z |
| publishDate | 2024-05-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | German Law Journal |
| spelling | doaj.art-7c0c0bc210264c65bfaf183fb789cbf32024-10-01T13:24:12ZengCambridge University PressGerman Law Journal2071-83222024-05-012536838510.1017/glj.2023.106Constitutional Symbolism in the Shadow of the Common GoodGeorge Duke0https://orcid.org/0000-0002-0258-456XSchool of Humanities and Social Sciences, Deakin University, Melbourne, AustraliaThis paper aims to clarify the concept of the symbolic constitution and to explain one of its most significant functions: the representation of political unity in complex societies. Section B briefly outlines the concept of the symbolic constitution which informs the arguments of the paper. The next two sections proceed “hermeneutically” through critical engagements with (i) Martin Loughlin’s recent analysis of the symbolic constitution within an ideology-critique of neo-liberal constitutionalism (ii) Niklas Luhmann’s account of the role of symbolic constitutionalism in concealing the function of the modern constitution as a structural coupling between the political and legal sub-systems. Section E then considers the relationship between the symbolic constitution and an alternative “traditional” concept for the representation of political unity: the common good. I argue that the symbolic constitution is both (i) a placeholder which speaks to the abiding relevance of the common good (ii) a symptom of the decline of its preconditions.https://www.cambridge.org/core/product/identifier/S2071832223001062/type/journal_articleSymbolic constitutionideologycommon goodconstitutionalismsymbolic constitutionalization |
| spellingShingle | George Duke Constitutional Symbolism in the Shadow of the Common Good German Law Journal Symbolic constitution ideology common good constitutionalism symbolic constitutionalization |
| title | Constitutional Symbolism in the Shadow of the Common Good |
| title_full | Constitutional Symbolism in the Shadow of the Common Good |
| title_fullStr | Constitutional Symbolism in the Shadow of the Common Good |
| title_full_unstemmed | Constitutional Symbolism in the Shadow of the Common Good |
| title_short | Constitutional Symbolism in the Shadow of the Common Good |
| title_sort | constitutional symbolism in the shadow of the common good |
| topic | Symbolic constitution ideology common good constitutionalism symbolic constitutionalization |
| url | https://www.cambridge.org/core/product/identifier/S2071832223001062/type/journal_article |
| work_keys_str_mv | AT georgeduke constitutionalsymbolismintheshadowofthecommongood |