Abstract
Democratic constitutionalism has often erected a high barrierseparating the citizen from the state. This is paradoxical because the very promise of constitutionalism is to produce precisely the opposite result: to bind the citizen to the state, and to create and cultivate a constitutional culture that is anchored in participatory democracy. The author has a name for this paradoxical state of affairs: counterconstitutionalism. In this article, the author introduces and illustrates the conceptof counterconstitutionalism with reference to billsof rights in constitutional states representing civil and common law traditions on four continents.
| Original language | Canadian English |
|---|---|
| Journal | Dalhousie Law Journal |
| Issue number | 1.0 |
| Publication status | Published - Apr. 1 2008 |
Keywords
- constitutionalism
- citizen
- state
- democracy
- counterconstitutionalism
- bills of rights
- civil law
- common law
Disciplines
- Constitutional Law
