The Twilight of Constitutionalism?

Author: Petra Dobner; Martin Loughlin
Publisher: Oxford University Press
ISBN: 9780199651993
Published In: January 2012
Format: Paperback , 368 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Gathers leading figures in constitutional theory to examine one of the central issues in the field - how can constitutional values be adapted to politics beyond the state?
Offers fresh contributions to the discussion of the relationship between constitutional law, international law and EU law, of value to those working on the theory of transnational law
Brings together leading scholars from the Germanic and Anglo-American traditions of constitutional theory, furthering the exchange between the two traditions
The first entry in the new Oxford Constitutional Theory series, showcasing the best new work on the subject

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 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 centre 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.

Readership: Academics and advanced students working on constitutional theory or the theory of international law.

Introduction
Part I: Constitutionalism and the Erosion of Statehood
1: Dieter Grimm: The Achievement of Constitutionalism and its Prospects in a Changed World
2: Ulrich K. Preuss: Disconnecting Constitutions from Statehood: Is Global Constitutionalism a Viable Concept?
3: Martin Loughlin: What is Constitutionalisation?
Part II: The Question of Europe
4: Tanja A. Börzel: European Governance: Governing with or without the State?
5: Fritz W. Scharpf: Legitimacy in the Multi-level European Polity
6: Sonja Puntscher: Constitutionalism and Representation: European Parliamentarism in the Treaty of Lisbon
Part III: Constitutionalism without Democracy?
7: Petra Dobner: More Law, Less Democracy? Democracy and Transnational Constitutionalism
8: Marcus Llanque: On Constitutional Membership
9: Hauke Brunkhorst: Constitutionalism and Democracy in the World Society
Part IV: Constitutional Law and Public International Law
10: Mattias Kumm: The Best of Times and the Worst of Times: Between Constitutional Triumphalism and Nostalgia
11: Rainer Wahl: In Defence of 'Constitution'
Part V: Global Administrative Law: A Viable Substitute?
12: Nico Krisch: Global Administrative Law and the Constitutional Ambition
13: Alexander Somek: Administration without Sovereignty
Part VI: The Emergence of Societal Constitutionalism
14: Neil Walker: Beyond the Holistic Constitution?
15: Riccardo Prandini: The Morphogenesis of Constitutionalism
16: Gunther Teubner: Fragmented Foundations: Societal Constitutionalism beyond the Nation State

Edited by Petra Dobner, Associate Professor of Political Science at the University of Halle, Germany, and Martin Loughlin, Professor of Public Law at the London School of Economics and Political Science

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 Dobner is Associate Professor of Political Science at the University of Halle, Germany.

Contributors:
Tanja Börzel, Free University of Berlin
Hauke Brunkhorst, University of Flensburg
Petra Dobner, University of Halle
Deiter Grimm, Humboldt University
Nico Krisch, London School of Economics & Political Science
Mattias Kumm, New York University
Marcus Llanque, University of Augsburg
Martin Loughlin, London School of Economics & Political Science
Riccardo Prandini, University of Bologna
Ulrich K. Preuß, Hertie School of Governance
Sonja Puntscher-Riekmann, University of Innsbruck
Fritz W. Scharpf, Max Planck Institute for the Study of Societies, Cologne
Alexander Somek, University of Iowa
Gunther Teubner, University of Frankfurt
Rainer Wahl, University of Freiburg
Neil Walker, University of Edinburgh
Christian Walter, University of Münster

"[The collection] do[es] not only represent the current state of research, but advance[s] it." - Thomas Kleinlein, Global Law Books

"...the quality of the contributions is extremely high. It shows that most of the contributors have worked on the topic of constitutionalism for many years. Still the volume goes further than merely presenting summaries of the existing positions at the same time as new aspects and dimensions are added. As such the volume provides a very important step in the attempt to move beyond the constitutional twilight." - Poul F. Kjaer, European Law Review

"...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 modern sovereign 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 stay the same." - Cormac Mac Amhlaigh, Public Law