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The constitutional imagination

Loughlin, Martin (2015) The constitutional imagination. Modern Law Review, 78 (1). pp. 1-25. ISSN 0026-7961

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Identification Number: 10.1111/1468-2230.12104

Abstract

The constitutional imagination refers to the way we have been able to conceive the relationship between thought, text and action in the constitution of modern political authority. The lecture seeks to demonstrate how modern constitutional texts come to be invested with a ‘world-making’ capacity. The argument is advanced first by explaining how social contract thinkers have been able to set the parameters of the constitutional imagination (thought), then by showing that constitutions are agonistic documents and their interpretative method is determined by a dialectic of ideology and utopia (text), and finally by examining the degree to which constitutions have been able to colonise the political domain, thereby converting constitutional aspiration into political reality (action). It concludes by suggesting that although we seem to be entering a constitutional age, this is an ambiguous achievement and whether the power of the constitutional imagination can still be sustained remains an open question.

Item Type: Article
Official URL: http://onlinelibrary.wiley.com/journal/10.1111/(IS...
Additional Information: © 2015 The Author. The Modern Law Review © 2015 The Modern Law Review Limited.
Divisions: Law
Subjects: K Law > K Law (General)
Sets: Departments > Law
Date Deposited: 12 Jan 2015 09:26
Last Modified: 20 Sep 2019 01:58
URI: http://eprints.lse.ac.uk/id/eprint/60722

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