Anthropocentric constitutionalism

Abstract This chapter asks what constitutionalism’s current focus is. By unearthing frequently neglected assumptions behind constitutional theories and practices, it shows that the current focus is on human beings and, within humanity, often on the narrower set of paradigmatically rational human agents. To demonstrate this anthropocentric status quo, the chapter begins by showing how legal systems generally privilege the interests of (paradigmatic) human beings, and it explores the central ways in which this anthropocentrism manifests itself in law. The chapter then looks specifically at anthropocentrism in constitutional law and reveals how four central principles of constitutionalism—fundamental rights, proportionality, rule of law, and democracy—are interpreted and applied in ways that exclude animals and often marginalize non-paradigmatic humans. The chapter then tries to make sense of these practices by shedding light on the anthropocentrism that characterizes the theory of classic constitutionalism as well as more recent theories such as positive constitutionalism and dignity-based constitutionalism. The chapter ends by considering an emerging trend to recognize animals’ interests in constitutional provisions. It argues that, due to the shortcomings of these provisions, this trend is far from supplanting anthropocentric constitutionalism.