Solidarity and Lack Thereof in Contemporary Constitutionalism: Elements for an Approach

The purpose of this paper is to point out some features of the relationship between solidarity and lack of solidarity in modern and contemporary constitutionalism. In order to do that, the article traces the historical emergence of two distinct notions: that of “solidarity”, in the context of the French Revolution, and that of “solidarism”, used as a reaction to the late nineteenth century conservative constitutionalism. After that, the paper discusses the uses of “solidarity” in the various kinds of social constitutionalism that existed throughout the twentieth century. Thirdly, it attempts to show the perversions, if not the neglect, of the idea of solidarity in what might be called neoliberal constitutionalism. After offering a brief critique of this approach, the article tries to explore the conditions for the emergence of a new kind of constitutionalism founded on democratic solidarity and fraternity. In comparison with its previous versions, this constitutionalism should be able to project it basic features in public and private relationships, within and beyond state borders.