Date & time
Venue
Room 7.4.1, Phillipa Weeks Library, Building 7, ANU Law School
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Event description
This talk is from Associate Professor Chowdhury's current book project that examines the transformation of the British Constitution over the last century. His argument is that we cannot understand significant changes to the British constitution without understanding the broader historical developments in capitalist social relations and the significant social antagonisms that have occurred throughout the last 100 or so years. Capitalism is a totality of different social relations and processes oriented around the value form; different social relations (economic, but also political, legal, cultural, moral etc) which are all important to the reproduction of that social totality.
Contrary to heteronomous theories of constitutional change (including some Marxist ones), this project seeks to understand constitutions (the different institutional combinations of state and social power, subject formations, forms of mediation and characterisations of legality) as having an internal relation with capitalist social relations. In that sense, constitutions cannot be abstracted from capitalist social relations and are in fact, as he will argue, historically specific to capitalism.
However, even though constitutions are internally related to capitalist social relations, that does not mean that capitalist societies are not fraught with all manner of tensions, contradictions and ruptures. This is not therefore a rigid economistic and deterministic theory of constitutional development, but one which takes seriously the historical distinctness of the legal form, constitutionalism, and the specific work they do (or not) in the reproduction of capitalist social relations.
Constitutionalism, as he will argue, operates at different levels within the contradictory totality of capitalist social relations. Changes to the British constitution are the results of specific forms of struggle over the reproduction of capitalist social relations. In this paper, he will set out some examples of this theoretical approach and focus on how I will periodise the last century of the British constitution which connect to distinct forms of what I will call historical forms of capitalist constitutionalism.
Note: Registration is not required for this event.
Speakers
Tanzil Chowdhury
Tanzil Chowdhury is an Associate Professor in Public Law at Queen Mary University of London and Co-Director of the Centre for the Critique of Law and Society. Tanzil's work is in the fields of law and political economy, with a particular focus on Marxist jurisprudence and constitutional/administrative law. His current book project develops a historical materialist exegesis of changing constitutionalism in Britain over the last century. This builds of his previous work on developing materialist theories of constitutionalism and constitutional reform (including a forthcoming paper with the International Journal of Constitutional Law). His work on Marxism and legal theory more generally also involved examining the public law litigation surrounding the dispossession of the Chagos Archipelago, which he argues was an example of primitive accumulation, and was published with the Journal of Law and Society. He has also written on war powers, policing and British Overseas Territories constitutionalism. Tanzil recently co-edited a book titled Legal Workers Inquiry, the first ever workers’ inquiry of the British legal sector. His first monograph was titled ‘Time, Temporality and Legal Judgment’ and he maintains an interest in the ‘temporal turn’ in socio-legal studies and legal theory.