Symbolic Constitutionalization

This book explores the gap between the symbolic function of constitutions and their insufficient legal concretization, offering a critical counterpoint to constitutional theory. It discusses symbolic constitutionalization as a problem embracing the legal system and explores it through the lens of allopoiesis of law and the Brazilian experience.

Format: Hardback
Length: 192 pages
Publication date: 28 April 2022
Publisher: Oxford University Press

The subject of this book delves into the profound social and political significance of constitutional texts, while simultaneously highlighting the gap between their symbolic function and inadequate legal concretization. It presents a critical perspective on constitutional theory, which often treats constitutional texts as a magical solution to political, legal, and social problems. In contrast, this book adopts a comprehensive and far-reaching approach to symbolic constitutionalization, challenging the premises of Niklas Luhmann's systems theory regarding law and constitution in the world's society.

Chapter 1 initiates the discussion by exploring the concept of symbolic legislation. Chapter 2 delves into symbolic constitutionalization as a multifaceted problem encompassing the entire legal system. Chapter 3 approaches the issue from the perspective of allopoiesis of law, primarily characterizing it as a problem prevalent in peripheral modernity and referencing the Brazilian experience. The final chapter examines the tendency towards a symbolic constitutionalization of world society within the context of a paradoxical peripheralization of the center.

Through its comprehensive analysis, this book offers valuable insights into the complex relationship between constitutional texts, social and political dynamics, and the pursuit of legal concretization. It challenges readers to reevaluate the role of constitutions in shaping societies and highlights the need for a more nuanced understanding of their functions and limitations.

Weight: 452g
Dimension: 240 x 162 x 16 (mm)
ISBN-13: 9780192857149