A Note on the Meaning of ‘Constitution’

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Abstract
Professor Sartori's 1962 article on constitutionalism in the American Political Science Review was influential in the acceptance of a narrow view of the constitution. Sartori argued that constitution meant specifically limitation on government and underplayed the role of the state in establishing a political order. This article argues that there are good historical reasons for keeping a balanced view of a constitutionalism that maintains a tension between strong government, to create a secure and stable order, and limitation on government power. It therefore attempts to reaffirm McIlwain's more traditional view of the constitution as a combination of gubernaculum and jurisdictio, power and its control.

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