Constitutionalism and the Paradox of Principles and Rules

This title offers a unique approach to constitutionalism, focusing on the paradoxical relationship between principles and rules from the perspective of systems theory. It presents a critical counterpoint to Ronald Dworkin''s principle-based theory, and in particular to Robert Alexy''s idea of optimizing balancing. Instead of ceding to the compulsion of an optimizing balancing, it suggests the poss...