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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Transformative Constitutionalism

Gaurav Mukherjee

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
October 2023

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2024

Subject(s):
Legitimacy — Separation of powers — Civil society — Race and ethnicity — Judicial review — Comparative constitutional law — Democracy — Equality — Economic, social, and cultural rights

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 Transformative constitutionalism (‘TC’) is an analytic frame to describe and comprehend legally bound social transformation processes. Conceptually, it sits in opposition to preservative constitutionalism. Although the critical idea behind TC—that constitutions can provide a legal architecture through which social change can occur—is not new, the term gained mercurial traction in the 1990s (Klare 146). It was driven primarily by an explosion of academic interest in constitution-making following waves of democratization occurring in parts of Asia, Latin America,...
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