European Journal of Law Reform

Artikel

The Problems and Promises of a Legal Constitution

The Constitutional State and History

Keywords constitutional state, legitimacy, progressive history, legal constitution, political constitution
Authors Davit Zedelashvili
Author's information

108798 Davit Zedelashvili
SJD Candidate in Comparative Constitutional Law, Central European University, Budapest.
  • Abstract

      Nowadays, in the West, especially on the European Continent, the legitimacy of the modern state is once again subject to multifarious challenges. Against this background, the article revives one of the most important, though often overlooked themes of the constitutional theory, the relevance of the concept of progressive history for the legitimacy of the constitutional state. It is suggested, that the reappearance of the progressive history brings the supposedly forgotten themes of the objectivist metaphysics, back into the constitutional theory. The conclusion points that, only the accounts of a legal constitution, which reject the connection with progressive history, have the potential to deal with the problematic consequences that the reemergence of the metaphysically charged concept of progressive history may entail, given the contemporary socio-political conditions, characterized by the value and ideological pluralism.

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