A political ideology is a set of ethical goals, beliefs, doctrines, myths, or symbols held by a social movement, institution, class, or significant group that specifies how society should function and provides a political and social template for a particular social order. Political ideologies are views, values, and ethics about the best way to rule a country. They have historically governed elected governments' behavior regarding social policy decisions, selecting which policy ideas will be elected and the best approach to executing such policies. Constitutionalism and neoliberalism are two popular political ideas. The following essay will describe the origins of new constitutionalism and how this new concept differs from the traditional one. Additionally, it will focus on the relationship between neo-liberalism and constitutionalism.
Constitutionalism is a collection of beliefs, attitudes, and patterns of conduct that elaborate on the notion that political authority originates from and is restricted by a corpus of fundamental law. The framework of new constitutionalism represents political strategies creating a new global order (Hirschl, 2014). Constitutionalism emerged in Greece about two thousand years ago in its most rudimentary form. The Greek Constitution was the general framework of power that carried out states' affairs. The constitution established the number and relationship of government institutions, the processes for selecting officers, and the supreme or sovereign authority position. The location of the sovereign authority defined the character of the constitution. Then there were contributions from continental Europe and England during the Middle Ages. Due to a developing international order and market revolution, new constitutionalism emerged in the 1980s. The Cold War's conclusion signaled an ideological change and the necessity for reinvention. Margaret Thatcher, Prime Minister at the time, declared the decline of socialism and the rise of conservatism and liberalism. As civilization advanced, it increased capital mobility, international corporations, and the globalization of the market.
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Ancient constitutionalism most likely impacted England most significantly throughout the 17th and early 18th centuries. Ancient constitutionalism was a group of political beliefs typically opposed to state centralization (Levy, 2017). As conceived or produced by ancient constitutionalists, old constitutions were not cohesive written texts with clear legal significance, such as those currently associated with the term constitution. What existed, and to which the ancient constitutionalists appealed, were complicated combinations of written charters and rules of public law, traditions, developed institutions, and political agreements now referred to as "fundamental law." The primary logical thrust of ancient constitutionalist arguments was often to identify any exercise of central or royal authority as fresh, inventive, and disruptive of some long-established norm, tradition, law, or practice, and so illegal or illegitimate. As a result, appeals to old constitutions could have been more cohesive and congruent, much alone historically correct (Levy, 2017).
On the other hand, the purpose of modern constitutionalism is to separate democratic and economic practices by transferring financial objectives from the regional and national to the global level via the constitutional framework. This move attempts to achieve global dominance while promoting a free capitalist economy. Moreover, new constitutionalism has formed a legal norm that has produced a flexible structure that grants rights to international businesses and private organizations (Brodie, 2014).
Neoliberalism is a policy framework that combines politics and economics. It promotes private entrepreneurship and attempts to shift control of economic elements away from the government and toward the private sector. Many neoliberal policies aim to improve the efficiency of free market capitalism by lowering government expenditure, control, and public ownership (Manning, 2022). There is little difference between neo-liberalism and constitutionalism because the central principles have been promoted to build policies and practices for global governance. The private world gains influence under the new constitutionalism, while the state government and public businesses lose control (Alemparte, 2021). Furthermore, the term "neoliberalism" is now used to refer to industry reform strategies such as abolishing price restrictions, decreasing trade barriers, and limiting state power in the economy, mainly through privatization and austerity.
In conclusion to the aspects mentioned earlier, it is clear that new constitutionalism is derived from the traditional one in which several amendments were required. The new constitutionalism was not created in a day; it took years of political change and strategy to form. Greeks, Romans, Europeans, and English people played a crucial role in this development. Moreover, the essay gives a clear difference between modern and traditional constitutionalism on how the ideology changed over time. Lastly, it states how constitutionalism and Neoliberalism are two different terms, but they still have some common factors.
References
Alemparte, B. (2021). Towards a theory of neoliberal constitutionalism: Addressing Chile’s first constitution-making laboratory. Global Constitutionalism, 1–27. https://doi.org/10.1017/s2045381721000058
Brodie, J. (2014). New constitutionalism, neo-liberalism and social policy (A. C. Cutler & S. Gill, Eds.). Cambridge University Press; Cambridge University Press. https://www.cambridge.org/core/books/abs/new-constitutionalism-and-world-order/new-constitutionalism-neoliberalism-and-social-policy/96E1682AFF346C804D879000DA2FB87F
Hirschl, R. (2014). The origins of the new constitutionalism: Lessons from the “old” constitutionalism (A. C. Cutler & S. Gill, Eds.). Cambridge University Press; Cambridge University Press. https://www.cambridge.org/core/books/abs/new-constitutionalism-and-world-order/origins-of-the-new-constitutionalism/ADE55D2710B3169C6B955AFDB1D48CDB
Levy, J. T. (2017). Ancient Constitutionalism | Definition, Influence, & Facts | Britannica. Www.britannica.com. https://www.britannica.com/topic/ancient-constitutionalism
Manning, L. (2022). Neoliberalism: What It Is, With Examples and Pros and Cons. https://www.investopedia.com/terms/n/neoliberalism.asp
