2009/07/15 by J. E. K. Murkens · 1 citation
Social Sciences · #Judicial and Constitutional Studies #Ombudsman and Human Rights #Criminal Law and Evidence #Constitutionalism #Law #Political science #Politics #Media studies #Sociology #Democracy
paper · doi:10.1093/ojls/gqp020
openalex publication_date 2009/07/15 · openalex created_date 2025/10/10 · openalex updated_date 2026/07/30
At first sight constitutionalism appears to be a key concept in public law discourse in the United Kingdom. It appears in all the major academic discussions from the rule of law and judicial review to the ‘new constitutional settlement’ and in relation to constitutional culture. And yet attempts to define the scope, meaning and role of constitutionalism remain vague. This article discusses the different fields in which constitutionalism is discussed and the different meanings that are attributed to the concept. It shows that constitutionalism is routinely conflated by public law scholars with other constitutional values and principles, like the rule of law or separation of powers. This article argues that constitutionalism should either be conceived as distinct from those concepts or, failing that, can safely be eliminated from public law discourse. The article concludes by asking whether a nuanced and normative discussion of constitutionalism could have any meaningful application in the United Kingdom constitution.