@article{2023:vale:asking_for,
title = {Asking for Directions: The Origins of Gomes Canotilho Directive Constitutionalism at the Crossroads of Contemporary Constitutional Thought},
year = {2023},
note = {As part of a wider critical-reconstructive reflection, this foray into
the theory of the directive constitution, advanced by Gomes Canotilho
in 1982 and highly influential in Latin-American and Southern-European
countries, hopes to capitalize on its inspiring suggestions, while
making them available to a wider public. The attempt is to topically
reconstitute the basic genealogy of Canotilho’s proposal, by
searching for some of its sources and tributaries within the context
of: (1) the New International Economic Order and the developmental
constitutionalist projects to which it directly or indirectly gave
rise (particularly the Lusophone decolonial movement); (2) the wave of
South European democratic transitions, especially in its revolutionary
moments and attentive to the understandable commitment and socially
transformative and emancipatory aspirations constitutionally assumed
by then (in parallel with Spain and Greece), (3) the influence exerted
by the post-war Italian and German constitutional doctrine, to the
point of (a) allowing for Canotilho’s inscription in an honourable
lineage which dates back to Heller and Smend, and passes through
Hesse, bringing him progressively close to Häberle, and (b) rooting
the thesis of dirigism in the debate between Abendroth and Forsthoff
with marginal regards to V. Crisafulli and P. Lerche.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {524--548},
author = {Vale, Luís António Malheiro Meneses do},
volume = {56},
number = {3}
}