The Time of Constitution-Making: On the Differentiation of the Legal, Political and Moral Systems and Temporality of Constitutional Symbolism
Article first published online: 3 NOV 2006
Volume 19, Issue 4, pages 456–478, December 2006
How to Cite
PŘIBÁŇ, J. (2006), The Time of Constitution-Making: On the Differentiation of the Legal, Political and Moral Systems and Temporality of Constitutional Symbolism. Ratio Juris, 19: 456–478. doi: 10.1111/j.1467-9337.2006.00339.x
- Issue published online: 3 NOV 2006
- Article first published online: 3 NOV 2006
Abstract. The article focuses on the problem of constitutional symbolism in functionally differentiated societies and its relevance to legal, political, and moral systems. The first part analyses differences between the three systems and their constitutional context. The second part concentrates on the moral symbolic function of modern constitutions and its temporal dimension. It shows that the “good/bad” moral code of constitutions draws on expressive symbolism and transforms it into evaluative symbolism and dogma of morality. The final part analyses the prospective character of modern constitution-making and its symbolic selectivity regarding the past. The paper concludes by emphasising the systemic pluralisation effect of constitution-making and the impossibility of constituting systems of “pure” law, morality, and politics.