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A Note on the Meaning of ‘Constitution’

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  • Maddox, Graham

Abstract

Professor Sartori's 1962 article on constitutionalism in the American Political Science Review was influential in the acceptance of a narrow view of the constitution. Sartori argued that constitution meant specifically limitation on government and underplayed the role of the state in establishing a political order. This article argues that there are good historical reasons for keeping a balanced view of a constitutionalism that maintains a tension between strong government, to create a secure and stable order, and limitation on government power. It therefore attempts to reaffirm McIlwain's more traditional view of the constitution as a combination of gubernaculum and jurisdictio, power and its control.

Suggested Citation

  • Maddox, Graham, 1982. "A Note on the Meaning of ‘Constitution’," American Political Science Review, Cambridge University Press, vol. 76(4), pages 805-809, December.
  • Handle: RePEc:cup:apsrev:v:76:y:1982:i:04:p:805-809_18
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    Cited by:

    1. Naqvi, Nadeem & Neumärker, Bernhard & Pech, Gerald, 2018. "Consolidated democracy, constitutional stability, and the rule of law," MPRA Paper 86316, University Library of Munich, Germany.

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