Constitutionalism

Maurizio Fioravanti

pp. 263-300

in: Enrico Pattaro, Damiano Canale, Hasso Hofmann, Patrick Riley (eds), A treatise of legal philosophy and general jurisprudence 9-10, Berlin, Springer, 2009

Abstract

Constitutionalism is a stream of thought which, since its very origins, has pursued concrete political aims consisting essentially in the limitation of public powers and the development of spheres of autonomy guaranteed by law. Its rise belongs wholly to the modern era, although its strategies include problems that can be traced back to earlier periods and which rest on issues addressed in ancient and medieval times.