American Constitutionalism Confronts Denninger's New Constitutional Paradigm

In: Constellations: an international journal of critical and democratic theory, Band 7, Heft 4, S. 529-548

Abstract

The applicability of Erhard Denninger's (2000) triad of security, diversity, & solidarity as a complement to constitutional texts to US constitutionalism is investigated. Differences between European & US constitutionalism are discussed; specifically, it is asserted that US constitutional jurisprudence has paid greater attention to the issue of material equality than has German constitutional writing. The existence of four disparate political positions in US political thought that are differentiated in their approaches to economic & social regulation & morals, ethics, & culture is noted. Problems with Denninger's equation of material equality with diversity rather than with identity are discussed. Denninger's assertion that the proposed model of constitution making will successfully accommodate multicultural diversity is challenged; specifically, it is claimed that contemporary US & German experiences contradict Denninger's novel constitutionalism. Moreover, it is argued that security, diversity, & solidarity should not be incorporated into constitutional texts that prioritize freedom, fraternity, & equality. The implications of Denninger's thesis for future constitutional studies are considered. J. W. Parker