The Dead Hand of Constitutionalism: Lessons from Early English and British Radical Struggles

The article argues that constitutionalism and populism are fundamentally antithetical, contending that conflict-driven populism offers greater potential for egalitarian politics than consensus-oriented constitutionalism. Through an examination of early English and British radical movements—the Levellers and the Chartists—as well as of the establishment of the notion of public opinion from the eighteenth century onwards, the article demonstrates how reliance on the constitution, as idiom and strategic horizon, constrained political imagination, normalized conflict, and ultimately limited demands for social transformation. Drawing on Tom Nairn’s and other progressive historians’ work, the article suggests that constitutional frameworks suppress class antagonism, whereas progressive populism can revitalize political agency. It concludes that a more openly conflictual, populist orientation may have advanced working-class interests more effectively than entrenched constitutional discourse.

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Publication Details

Journal
Law Culture and the Humanities
Published
2026-02-12
DOI
https://doi.org/10.1177/17438721261415858
Primary Topic
Seventeenth-Century Political and Philosophical Thought
Type
article
Field-Weighted Citation Impact
0.00
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article

The Dead Hand of Constitutionalism: Lessons from Early English and British Radical Struggles

Maria Tzanakopoulou
Law Culture and the Humanities
Seventeenth-Century Political and Philosophical Thought
article

The Dead Hand of Constitutionalism: Lessons from Early English and British Radical Struggles

Maria Tzanakopoulou
article en

Abstract

The article argues that constitutionalism and populism are fundamentally antithetical, contending that conflict-driven populism offers greater potential for egalitarian politics than consensus-oriented constitutionalism. Through an examination of early English and British radical movements—the Levellers and the Chartists—as well as of the establishment of the notion of public opinion from the eighteenth century onwards, the article demonstrates how reliance on the constitution, as idiom and strategic horizon, constrained political imagination, normalized conflict, and ultimately limited demands for social transformation. Drawing on Tom Nairn’s and other progressive historians’ work, the article suggests that constitutional frameworks suppress class antagonism, whereas progressive populism can revitalize political agency. It concludes that a more openly conflictual, populist orientation may have advanced working-class interests more effectively than entrenched constitutional discourse.

Law Culture and the Humanities
Birkbeck, University of London (GB)
Reduced inequalities
Openalex Percentile: Top 59%
Seventeenth-Century Political and Philosophical Thought
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The Dead Hand of Constitutionalism: Lessons from Early English and British Radical Struggles — Maria Tzanakopoulou · Law Culture and the Humanities (2026) | TGRS Research Map | TGRS