Constitutional Paideia :: Hegel Constitutionalism Papers

Constitutional PaideiaConstitutional paideia designates a form of underlyingism that construes a nations constitution essentially in terms of ongoing processes of collective self-formation. This story explores the notion of native paideia as formulated by Hegel, who explicitly defines constitutionalism with categories of Bildung. The compositions strategy is to present Hegel position in light of questions that lot be raised about it. The paper advances three central theses (1) in spite (and perhaps beca custom) of his historico-culturist approach to law, Hegel is a theoretician of constitutional paideia (2) patronage construing constitutionalism in terms of ongoing processes of popular self-interpretation, Hegel does not vitiate the banknote between law and politics deemed so central to constitutional opening and (3) despite construing constitutionalism in terms of self-formative processes of a particular culture, Hegel does not fling the normativity and trans-contextualism lo ng associated with modern constitutional theory. The paper concludes with some observations on the present-day(a) significance of Hegelian constitutionalism. Constitutional paideia is a term I shall use to designate a form of constitutionalism that construes a nations constitution essentially in terms of ongoing processes of collective self-formation.(1) As such, it is markedly searching from competing models. It is clear-cut from liberal models, notably delineate today by John Rawls, for whom a constitution must guarantee certain basic governmental rights and liberties and shew democratic procedures for moderating the political rivalry, and for determining issues of social policy.(2) While constitutional paideia is not chary of liberal concern for legal and moral constraints, it rejects the latters payload to entrenched rights and a fixed sense of a nations legal-political identity. It is likewise distinct from communitarian models, represented however ambiguously by Frank M ichelman. While share with such models a focus on communal identity, its commitment to processes of self-formation renders constitutional inhospitable to a theory keyed to a set of preexist cultural valuesthat more encompassing common life, bearing the belief of a common past.(3) Constitutional paideia is distinct further from republican models, represented equally ambiguously by Hannah Arendt. Although it shares with republicanism the notion that constitutionalism must be afflictive to principles of public virtue, collective power, and civic commitment to a shared enterprise, it places specific emphasis on the conditions for constituting collective identity and nationhood itself.(4) Constitutional paideia is also distinct from deliberative models, represented notably by Jrgen Habermas, for whom the constitution establishes political procedures according to which citizens, in the exercise of their right to self-determination, successfully pursue the concerted project of establ ishing just (or more just) conditions of life.