This book presents an original account of anarchism as a tradition of constitutional thought and a novel theorisation of anarchist constitutional practice. It exposes the statist impasse in conventional constitutionalism to reconnect anarchism to debates in political theory, International Relations and critical legal theory about the constitutional crisis in global politics. The reconstruction is based on a fresh reading of historical anarchist thought and co-produced research examining the constitutional practices of three inspirational grassroots movements: the Industrial Workers of the World, the Occupy Oakland encampment, and the UK workers and housing co-op Radical Routes. Grounding anarchism in an ontology of anarchy that was informed by a distinctively anarchist approach to social science, the book engages with concepts of power, division and balance familiar in liberal and republican constitutionalism and subverts constitutionalism by developing an constitutional architecture without permanent, fixed authority. The book discusses the work of a raft of anarchist thinkers, from Proudhon to Lucy Parsons, Tolstoy to Kotoku Shusui, all of whom developed decentralised federalist alternatives to old imperial orders and shows how their ideas resonate more or less consciously in anarchist movements. Dispelling myths about the incompatibility of anarchism and constitutionalism, it argues that the practice of anarchist constitutionalising can be replicated, mimicked and extended by everyone.

This chapter presents an overview of the praxis of late twentieth-century alterglobalisation movements to explain why the statist assumptions of traditional or mainstream constitutionalism have been called into question and builds the theoretical framework for an anarchist constitutional politics by reviewing the half turns to anarchism in five disciplinary : post-Marxism, societal constitutionalism, republican political theory, International Relations, and anarchist legal theory. Highlighting the anarchistic sensibility of the literature on global constitutionalism, we outline a four-part model architecture for the anarchist constitution. As constitutionalists, we argue, anarchists have an acute sociological predisposition to identify domination and injustice, and they invoke the constitution to challenge and balance power.

This chapter first situates the book’s argument in the context of two global phenomena: the proliferation of hybrid regimes and the diffusion of court-centric constitutionalism. It then shows why a normative look at constitutional courts in hybrid regimes is an important, but overlooked topic in the literature. Next, the operating assumptions of the book are specified, and basic terms are defined, including constitutional courts and democracy. The chapter concludes by offering a roadmap of the book.

This chapter introduces the U.S. Constitution by exploring its purposes, functions, and significance as a written document, contrasting it with Britain’s unwritten constitutional system. It argues that a written constitution limits governmental power, including legislative authority, unlike the British system of parliamentary supremacy. The chapter traces the American shift in the 1760s toward viewing constitutions as superior laws fixed by the people’s consent and enforceable against the legislature. It outlines the settlement functions of constitutions – establishing government structures, ensuring stability, and channeling disputes – emphasizing how written constitutions enhance these functions. The chapter further examines the ends of free government, balancing liberty and order through democratic self-governance and the protection of natural rights, as articulated in the Declaration of Independence and the Constitution’s preamble. It introduces the Constitution’s structural features – separation of powers, federalism, checks and balances – while addressing critiques of its alleged undemocratic nature and introducing the Founders’ intent to create republican remedies for the diseases most incident to republican government.

We are sometimes told that the Declaration is an airy statement about individual rights, whereas the Constitution does the hard work of structuring a government. This Part argues that the Declaration is primarily concerned, not with individual rights, but with the structure of government. That is, how do we structure a government so that our rights are most reliably protected? And the answer is not as little government as possible, but a competently structured government, subject to the rule of law, that works for the benefit of the people.

This chapter follows Tocqueville in arguing that civic culture must support formal learning in schools and colleges, by providing a social spirit of reflective patriotism. A particular challenge given America’s civic fracture of angry polarization, but also widespread apathy, is to motivate citizens to care about America, citizenship education, and a discursive patriotism; thus, civics now should emphasize stories of American hope and achievement, forging an e pluribus unum out of our pluralism. It then develops the sections: (a) E Pluribus Unum and Civic Hope: Jazz, Constitutionalism, Religious Liberty – with subsections on (i) American Story and Song, Especially Jazz – featuring the Ray Charles version of American the Beautiful, Justice O’Connor and Wynton Marsalis in conversation, and jazz pioneers such as Louis Armstrong, Duke Ellington, and Benny Goodman, (ii) The Declaration and Constitution as Achievements of Harmony, and (iii) Religious Liberty and Pluralism as American Harmony, featuring George Washington, Lincoln, and Martin Luther King, Jr.

The chapter discusses how the Gulf republics, namely Iran and Iraq, have distinct political cultures shaped by historical factors. In contrast, the monarchies, often underestimated by rentier theory, have exhibited resilience and adaptability. The analysis encompasses the Gulf states’ political institutions, examining the role of constitutions, electoral chambers, and guarantees of political and civil liberties. It highlights the political diversity within the Gulf subregion, showcasing various political systems beyond simplistic labels of ‘republic’ or ‘monarchy’. Despite these apparent structures, the chapter underscores the limitations on political and civil activities, judicial independence and press freedom in the Gulf. The discussion delves into the nuanced nature of political activism, from platforms in Iraq and Iran to the emergence of political tendencies in Bahrain and Kuwait. The text further explores the use of force to suppress dissent in various Gulf states, leading to a lack of transparency and the absence of the rule of law. Finally, the chapter assesses the IDEA ratings, revealing the subregion’s generally low scores on the ‘democratic index’. Despite the challenges and limitations, the Gulf states remain dynamic entities with diverse political organisations, and in the absence of shocks or geopolitical disruptions, the author anticipates an evolutionary rather than revolutionary change in these countries’ political systems.

This chapter revisits Sadr’s production from the mid-1970s until his execution in 1980, analyzing two overlooked texts – Manabi‘ al-Qudra fi al-Dawla al-Islamiyya and Al-Madrasa al-Qur’aniyya – that challenge portrayals of Sadr as an unequivocal supporter of Khomeini and Wilayat al-Faqih. These writings reflect Sadr’s engagement with Arab Leftist thought and Marxist determinism, as well as his commitment to developing a political theology centered on human agency. In contrast to Khomeini’s model of absolute clerical guardianship, Sadr advanced a participatory theory of Islamic government. His writings articulated the cultural and civilizational aims of Islamic governance. Notably, Sadralso staged a rare intervention on veiling and gender norms, marking a striking but forgotten episode. The chapter situates Sadr’s thought within ideological currents of the 1970s, including intra-Shi‘i debates in Iraq, the emergence of the Islamic Left, and evolving conceptions of turath (heritage). It argues that Sadr’s vision represented a distinctive alternative to both leftist models and clerical authoritarianism: a Shi‘i Islamic framework for cultural renewal, moral agency, and constitutionalism. By theorizing an Islamic notion of free will and social contract, Sadr carved out a critical space within post-1967 Arab political thought – one that remains vital to rethinking modern Islamic political thought.

Chapter 1 draws on the history of Russia’s military interventions in Ukraine to distinguish two conceptions of sovereign equality under international law. It argues that that international law in the twentieth century embraced a constitutional and equitable conception of sovereign equality, generating state obligations to cooperate with one another to resolve disputes over matters of common concern in accordance with equitable principles.

This book offers a selection of key texts mostly written by leading figures in the history of Spanish American political thought during the first century of independence. Political thinkers in the region had to grapple with rather unique and extraordinary circumstances after three centuries of Spanish colonial rule. The emergence of a significant number of new independent polities that adopted representative institutions in an era when absolutism still prevailed in Western Europe, their general adoption of republicanism (except for Mexico during the brief rule of Agustín de Iturbide in 1822–1823, and Maximilian in 1864–1867), and their complex demographic composition, all posed serious challenges for the formation and consolidation of national states in Spanish America. In dialogue with the major currents of thought in Western Europe and North America, Spanish American thinkers often reflected upon these and other related problems while being politically engaged, either in government or in opposition.