The following categories can be found in the analysis of the prehistory of constitutionalism: the early constitutionalism, the ancient constitutionalism, the medieval or canonical constitutionalism. The usage of these categories raises the question: is constitutionalism the product of the Age of Enlightenment or is it an older phenomenon? The author of the article approaches this problem from another point of view: maybe the usage of the mentioned categories is an anachronism? In this case the (...) elements taken form different contexts are combined into a single unit typical to recent reality. This conjunction, when neither the single entirety nor the alterations of contexts are taken into consideration, distorts the understanding of the past, fits the past to the Procrustian bed straining it to the present standards. The existence of separate elements does not allow the consideration of the phenomenon as a whole. It also suits the category of constitutionalism. In author’s opinion, it is necessary to differentiate between: a) the prehistory of constitutionalism; b) the era of written constitutions as the legal acts of supreme power, the essence of which is expressed by the category of constitutionalism and which began in XVIII century. (shrink)

Any attempt to apply Aristotelian political categories to the principles of modern constitutionalism is undoubtedly at risk of anachronism. This paper acknowledges non-trivial differences between the Ancient Greek politeia, as theorised by Aristotle, and the modern constitution. It nonetheless argues that the central principles of the modern liberal constitution can be elucidated within the explanatory frame of the Aristotelian concept of the politeia as a political determination of institutional structures and competences oriented by an interpretation of the public (...) good. The paper is divided in three sections. Section 1 outlines Aristotle’s account of the politeia. Section 2 considers some central principles of modern constitutionalism. Section 3 then examines these principles under an Aristotelian lens. The conclusion sketches a potential objection, implicit in the paper’s arguments, to a recent proposal for a ‘neo-Aristotelian’ normative constitutional theory. (shrink)

Niccolò Machiavelli is the father of modern constitutionalism. Constitutionalism began anew in the modern world with the study of the ancient republics and it was Machiavelli who inaugurated this revived science of politics. Five hundred years after the composition of Il Principe and the Discorsi we are still working out the implications of applying reason to the structures of law and government in pursuit of justice and the common good. Modern constitutionalism and ancient republicanism share (...) three central beliefs: first, that government should serve justice and the common good; second, that government should do so through known and stable laws; third, that these will best be secured through the checks and balances of a well-designed constitution. Machiavelli took the theories and experiences of republican Rome and applied them to his own era. This application of reason to constitutional design transformed the politics of emergent modernity and reconfigured government throughout the world. (shrink)

The present article commences analyzing the origins and influences of the religious discourse on the configuration of the modern constitutional discourse and the contributions of the jus-positivism in the consolidation of this sacred-civil language. The second issue is the definition of the U.S. Constitution as a mixed and not as a democratic constitution, with regard to the influences of Plato, Aristotle, Cicero and Polybius to the Drafters of the first modern constitutional text; stability and equilibrium took preference over democracy in (...) a wide sense. I also analyze how the Drafter’s decision has conditioned the modern constitutional system up to the present. (shrink)

The Pythagorean Life is the most extensive surviving source on Pythagoreanism, and has wider interest as an account of the religious aspirations of late antiquity. "...admirably clear translation and sensible introduction"--The Classical...