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Jeremy Waldron (New York University (NYU) - School of Law) has posted
Constitutionalism: A Skeptical View on SSRN. Here is the abstract:
This paper examines the ideology that goes by the name
of "constitutionalism." The first part of the paper considers the
significance of "written constitutions" The second part of the paper
casts a skeptical eye at conceptions of constitutionalisim that
emphasize "limited" government. Once "limited government" is contrasted
carefully with "restrained government" (restraints upon specific
actions by government) and with "controlled government" (e.g.
insistence upon democratic control), we see that the association of
constitutionalism with general limitations on the scope of government
ought to make it a much more controversial ideal than the general
anodyne acceptance of the term "constitutionalism" might lead us to
expect. Finally, the anti-democratic implications of constitutionalism
are explored. The paper argues that, by insisting on limited
government, constitutionalism downplays the important role that
constitutions have to perform in the modern world in establishing and
securing specifically democratic authority.