The Twilight of Constitutionalism? »

Martin Loughlin is Professor of Public Law at the London School of Economics. He specializes in constitutional theory and his books in the field include The Paradox of Constitutionalism (edited with Neil Walker, 2007), The Idea of Public Law (2003) and Public Law and Political Theory (1992).
Petra Dobner is Associate Professor of Political Science at the University of Halle, Germany.

The Twilight of Constitutionalism explores the concepts and values that underpin traditional constitutionalism that are increasingly being challenged by political realities that place substantial power beyond the state. Among the few certainties of a global economy is the growing incongruity between the political (the world of things that need to be ordered collectively in order to sustain society) and the state (the major institution of authoritative political decision-making during modern times). The consequences, and possible remedies, of this double disjunction of politics and state and of state and constitution form the center of an open debate about 'constitutionalism beyond the state'.

The essays gathered in this collection explore the range of issues raised by this debate. The effects of recent changes on two of the main building blocks of constitutionalism - statehood and democracy - are examined in Parts I and II. Since the movement of overcoming statehood has, arguably, been advanced furthest in the European context, the question of the future of constitutionalist ideas in the framework of the EU provides the key theme of Part III. The remaining parts consider possible transformations or substitutes. The engagement of constitutions with international law offers one line of transmutation of constitutionalism (Part IV) and the diffusion of constitutionalism into separate social spheres provides an alternative way of pursuing constitutionalism in a new key (Part VI). Finally, the ability of the theory of global administrative law (examined in Part V) to offer an alternative account of the potential of jurisdictional control of global governing processes is examined.

Through these explorations, the book offers cross-disciplinary insights into the impact of recent political and economic changes on modern constitutionalism and an assessment of the prospects for constitutionalism in a transnational environment.

Acknowledgements vii

Contributors ix

Introduction xi

Part I Constitutionalism and the Erosion of Statehood

Chapter 1 The Achievement of Constitutionalism and its Prospects in a Changed World Dieter Grimm 3

Chapter 2 Disconnecting Constitutions from Statehood: Is Global Constitutionalism a Viable Concept? Ulrich K. Preuss 23

Chapter 3 What is Constitutionalisation? Martin Loughlin 47

Part II The Question of Europe

Chapter 4 European Governance: Governing with or without the State? Tanja A. Börzel 73

Chapter 5 Legitimacy in the Multi-level European Polity Fritz W. Scharpf 89

Chapter 6 Constitutionalism and Representation: European Parliamentarism in the Treaty of Lisbon Sonja Puntscher Riekmann 120

Part III Constitutionalism without Democracy?

Chapter 7 More Law, Less Democracy? Democracy and Transnational Constitutionalism Petra Dobner 141

Chapter 8 On Constitutional Membership Marcus Llanque 162

Chapter 9 Constitutionalism and Democracy in the World Society Hauke Brunkhorst 179

Part IV Constitutional Law and Public International Law

Chapter 10 The Best of Times and the Worst of Times: Between Constitutional Triumphalism and Nostalgia Mattias Kumm 201

Chapter 11 In Defence of 'Constitution' Rainer Wahl 220

Part V Global Administrative Law: A Viable Substitute?

Chapter 12 Global Administrative Law and the Constitutional Ambition Nico Krisch 245

Chapter 13 Administration without Sovereignty Alexander Somek 267

Part VI The Emergence of Societal Constitutionalism

Chapter 14 Beyond the Holistic Constitution? Neil Walker 291

Chapter 15 The Morphogenesis of Constitutionalism Riccardo Prandini 309

Chapter 16 Fragmented Foundations: Societal Constitutionalism beyond the Nation State Gunther Teubner 327

Index 343