The Constitution: Government and the rule of law
The Constitution: Government and the rule of law
This chapter looks at the constitution and the rule of law. It sees the constitution as a fundamental concept for neo-liberalism, one through which the powers of government may be curtailed. The chapter explores national forms of constitutionalism, and identifies the different models of constitutional government that neo-liberalism draws upon to create its own ideal constitution. It sets out the neo-liberal ideal of a Rechtsstaat and the fundamental distinction between law and legislation. The chapter argues that the emphasis which neo-liberalism places on the constitution demonstrates that, far from being anti-political, neoliberalism is rather an ideology with a serious doctrine about politics and government at its heart.
Keywords: neo-liberalism, constitutionalism, Rechtsstaat, politics, constitutional government
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