Varieties of Constitutionalism: Contestations of Liberalism in Comparative Constitutional Law

This paper presents an analytical framework for a larger research project which seeks to map contemporary varieties of constitutionalism and to assess contestations of, and alternatives to, liberal constitutionalism in Germany, Brazil and the respective regional contexts. It first describes the contours of a comparative typology that helps categorize constitutional orders along multiple dimensions, including the type of political constitutionalism, economic constitutionalism and constitutional aspects of open statehood and international integration. In a second step, the paper discusses the role of normative protagonists of liberal constitutionalism and its alternatives and then illustrates this framework with regard to selected contestations of liberal constitutionalism, analysing which normative alternatives are advanced and whether past and present contestations result(ed) in an alternative regime, or in the adaptation and transformation of liberal constitutionalism.