Project
How the constitution constitutes. Textual agency of constitutions in the organisation of democratic communities
Constitutions have a special status in a democratic state: as the highest legal standard, they give legitimacy to our laws and institutions. Today, more than ever, political demands proceed through constitutional claims. Philosophers traditionally study the political and ethical content of constitutions. However, constitutions derive their crucial role not only from their content, but also from their role as symbol. Both through their solemn language and their representation in oaths and other rituals, constitutions not only reflect but also construct a democratic society. This doctoral project aims to gain insight into the symbolic role of constitutions in the constitution of a democratic community. This is done in three phases. First, it gathers insights about the symbolic role of constitutions from philosophical history. Second, a close reading of the Belgian constitution is offered, in order to examine in practice what that symbolic role means. Finally, it specifies the notion of symbolic functioning of a constitution by engaging the research in insights on symbols and community building, language and law.