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Empowering workers in the informal economy
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Faundez, Julio (2009) Empowering workers in the informal economy. Working Paper. Coventry, UK: University of Warwick, School of Law.
An open access version can be found in:Abstract
The idea of limited government is the key to constitutionalism in the traditional understanding of the relationship between the constitution and political power. In contrast to the traditionalist view that the constitution is aimed to constrain political power, this essay aims to explore a new understanding of constitutionalism. By way of analyzing the multiple functions of the constitution and taking up the concept of “total constitution” associated with the growing horizontal effect of constitutional rights, this essay argues that the relationship between the constitution and political power needs to be recast on complementary rather than opposing terms. The aspiration to “total constitution” in the sense of a fulfilled constitutionalism is substantiated by the omnipotent constitutional state. Taking account of constitutional omnipotence, political power is instrumental rather than antagonistic to the normative implementation of constitutionalism. Recasting the constitution as an expression of political power is the key to a new understanding of constitutionalism.
Item Type: | Working or Discussion Paper (Working Paper) | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Publisher: | University of Warwick, School of Law | ||||
Place of Publication: | Coventry, UK | ||||
Official Date: | 2009 | ||||
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Institution: | University of Warwick | ||||
Status: | Not Peer Reviewed | ||||
Open Access Version: |
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