Towards Communal Constitutionalism

The paper claims that the transformative nature of constitutionalist discourses can be traced in six ideal-types: legal, political, identitarian, societal, transformative and democratic constitutionalism. Each of these ideal-types reflects different understandings of constitutional time on the basis of their various articulations of the nature of commitment and of the relationship between constitutionalism and democracy. The need to strengthen both elements, without emphasising one to the detriment of the other, leads to suggesting, towards the end of the article, a seventh form of constitutionalism, i.e. communal constitutionalism, as a possible way forward in the debate. It is claimed that communal constitutionalism’s configuration of time allows incorporating the future and involving future generations in the deliberative process.