The Twilight of Constitutionalism?

Paperback | February 26, 2012

EditorPetra Dobner, Martin Loughlin

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The concepts and values that underpin traditional constitutionalism 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 thatneed 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 centreof 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, beenadvanced 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 lineof 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 analternative 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.

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The concepts and values that underpin traditional constitutionalism 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 thatneed to be ordered collectively in order to s...

Martin Loughlin is Professor of Public Law at the London School of Economics. He specialises in constitutional theory and his books in the field include The Paradox of Constitutionalism (edited with Neil Walker, 2007), Foundations of Public Law (2010), The Idea of Public Law (2003), and Public Law and Political Theory (1992). Petra D...

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The Twilight of Constitutionalism?
The Twilight of Constitutionalism?

Kobo ebook|Jan 26 2012

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Format:PaperbackDimensions:368 pagesPublished:February 26, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019965199X

ISBN - 13:9780199651993

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Table of Contents

IntroductionPart I: Constitutionalism and the Erosion of Statehood1. Dieter Grimm: The Achievement of Constitutionalism and its Prospects in a Changed World2. Ulrich K. Preuss: Disconnecting Constitutions from Statehood: Is Global Constitutionalism a Viable Concept?3. Martin Loughlin: What is Constitutionalisation?Part II: The Question of Europe4. Tanja A. Borzel: European Governance: Governing with or without the State?5. Fritz W. Scharpf: Legitimacy in the Multi-level European Polity6. Sonja Puntscher: Constitutionalism and Representation: European Parliamentarism in the Treaty of LisbonPart III: Constitutionalism without Democracy?7. Petra Dobner: More Law, Less Democracy? Democracy and Transnational Constitutionalism8. Marcus Llanque: On Constitutional Membership9. Hauke Brunkhorst: Constitutionalism and Democracy in the World SocietyPart IV: Constitutional Law and Public International Law10. Mattias Kumm: The Best of Times and the Worst of Times: Between Constitutional Triumphalism and Nostalgia11. Rainer Wahl: In Defence of 'Constitution'Part V: Global Administrative Law: A Viable Substitute?12. Nico Krisch: Global Administrative Law and the Constitutional Ambition13. Alexander Somek: Administration without SovereigntyPart VI: The Emergence of Societal Constitutionalism14. Neil Walker: Beyond the Holistic Constitution?15. Riccardo Prandini: The Morphogenesis of Constitutionalism16. Gunther Teubner: Fragmented Foundations: Societal Constitutionalism beyond the Nation State

Editorial Reviews

"..a compulsory read for anyone interested in the subject matter of the series by OUP for which it is the debut volume, the Oxford Constitutional Theory Series, approaches the themes of globalisation and transnationalism from the viewpoint of constitutionalism, one of the hallmarks of modernsovereign statehood...this eclectic, erudite and highly-recommended collection provokes the conclusion, to this reviewer at least, that in the contemporary world constitutionalism faces the same dilemma as the protagonists of Di Lampedusa's "Il Gattopardo": it will have to change if it is to staythe same." --Cormac Mac Amhlaigh, Public Law