| | Herman Belz: A living constitution or fundamental law? |
 | | Although constitutional realists professed to view the Constitution as a social symbol around which public life was organized, they could not quite overcome their sense of amazement or incredulity at what, from their reform perspective, seemed mere fetishism blocking progressive change. |
 | | Insofar as constitutional realism referred to an awareness of social and economic influences on constitutional development and a recognition that political institutions were a vital part of the Constitution, it described the general outlook of most students of public law and policy. |
 | | Constitutional theory, however, is most seriously defective according to the neo-realist critique in its narrowly economic conception of man. In the traditional constitutionalist view, writes Kirk Thompson, freedom is private not public, and negative in character being defined as the absence of governmental restraints on economic pursuits. |
| www.constitution.org /cmt/belz/lcfl_05.htm (10920 words) |