Social Foundations of Constitutions publications

Just published:

Constitutionalism, Quasi-Constitutionalism, and Representative Democracy
Daniel Smilov

This paper advances a conception of quasi-constitutionalism, consisting of far-reaching but legally unenforceable constraints and limits on the power of political majorities in areas such as economic policy, foreign relations, and social policy. The paper argues that European Union (EU) accession has strengthened quasi-constitutional constraints on the political process in Bulgaria.

Between the People and the Constitution:
The Constitutional Role(s) of the Legislature
Aruna Sathanapally

This paper analyses the different senses in which the legislature’s relationship to the constitution can be understood. While broader recognition of the role that legislatures can play in relation to constitutions is valuable, there are other matters of concern relating to the realities of legislatures, in relation to representation, accountability, and deliberation, which merit greater consideration in constitutional literature.