The Idea of a Constitution: Ontology and Normativity in Constitutional Philosophy

This study examines the philosophical underpinnings of the concept of a constitution, highlighting the relationship between ontology and normativity in constitutional theory. A constitution transcends a mere legal document or political artefact; it encapsulates ontological frameworks that delineate the essence of a political community, as well as normative norms that govern its validity and authority. This study examines the constitution as a hybrid entity—a social fact imbued with norms—by referencing both classical and current theorists, including Hans Kelsen, Carl Schmitt, Joseph Raz, Ronald Dworkin, and Neil MacCormick. This work analyses the contradiction between the descriptive (what is) and the prescriptive (what ought to be), contributing to continuing discussions over constitutional interpretation, legitimacy, and the philosophical foundations of legal power.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-02-23
DOI
https://doi.org/10.5281/zenodo.18736458
Primary Topic
Political Theology and Sovereignty
Type
article
Field-Weighted Citation Impact
0.00
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article

The Idea of a Constitution: Ontology and Normativity in Constitutional Philosophy

Shah Mohammad Omer Faruqe Jubaer
Zenodo (CERN European Organization for Nuclear Research)
Political Theology and Sovereignty
article

The Idea of a Constitution: Ontology and Normativity in Constitutional Philosophy

Shah Mohammad Omer Faruqe Jubaer
article en

Abstract

This study examines the philosophical underpinnings of the concept of a constitution, highlighting the relationship between ontology and normativity in constitutional theory. A constitution transcends a mere legal document or political artefact; it encapsulates ontological frameworks that delineate the essence of a political community, as well as normative norms that govern its validity and authority. This study examines the constitution as a hybrid entity—a social fact imbued with norms—by referencing both classical and current theorists, including Hans Kelsen, Carl Schmitt, Joseph Raz, Ronald Dworkin, and Neil MacCormick. This work analyses the contradiction between the descriptive (what is) and the prescriptive (what ought to be), contributing to continuing discussions over constitutional interpretation, legitimacy, and the philosophical foundations of legal power.

Zenodo (CERN European Organization for Nuclear Research)
Leading University (BD), Discovery Centre (CA), Legal Aid New South Wales (AU)
Peace, Justice and strong institutions
Openalex Percentile: Top 52%
Political Theology and Sovereignty
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