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A Constitution As A Theory Of Society

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Chapter Summary

With respect to postcommunist constitutionalism, a substantial body of empirical findings exists which would certainly support a critical evaluation of the existing legal and constitutional cultures. It would justify the Hobbesian concept of postcommunist societies as "nasty, brutish and poor," and a constitution as a necessary "counter-cultural" instrument of their transformation into "civilized" democratic liberal polities. A constitution and constitutional law now entail much more complex undertakings than clear-cut strategies evolving from the application of technically-advanced instruments and purely professional deliberations. The two important approaches to postcommunist constitutionalism are not necessarily mutually exclusive. The first, the "constitutional instrumentalism," refers to an instrumental theory of social change and rests on the indisputable observation that there are such elements of local cultures that could threaten the formation of liberal constitutionalism and a liberal polity.

Keywords: constitutional instrumentalism; liberal democracy; postcommunist society

10.1163/ej.9789004192072.i-254.15
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