Toward a genealogy of the new constitutionalism: the empire of liberty and domination
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Despite being the very legal and political framework of social order and the modern state, international relations and (international) political economy theorists have spent precious little time discussing constitutions or constitutionalism. Mainstream theorists, focused as they are at the level of the international, spend even less time considering the genealogy of these foundational politico-legal frameworks. In the discipline of political science, constitutionalism appears to be the purview of political theorists who largely approach the question of constitutionalism from ahistorical perspectives that rely on some variant of social contract theory and rational actors (Brennan and Buchanan 1985; Hayek 1960; Rawls 1971). In much of this literature, liberal constitutionalism is considered to be the most desirable form of government in so far as it is claimed that such frameworks enable material progress and human freedom by circumscribing governmental power.
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