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.
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 promising concept?
3.
Martin Loughlin: Constitutions, Constitutionalism, Constitutionalization
Part II: The Question of Europe
4. Fritz W. Scharpf: Legitimacy in the Multilevel European Polity
5. Sonja Puntscher-Riekmann: Does the European Polity need a Parliament?
6. Tanja Börzel: Governance with
or without the State?
Part III: Constitutionalism without Democracy?
7. Hauke Brunkhorst: There Will Be Blood: Democracy under Pressure of Global Capitalism, Global Power and Global Religion
8. Petra Dobner: More law, less democracy? Democracy and Transnational
Constitutionalism
9. Marcus Llanque: Constitutional membership and belonging to the democratic nation-state: On the relationship between constitutionalism and democracy.
Part IV: Constitutional Law and Public International Law
10. Christian Walter: On the Constitutionalization of
Public International Law
11. Mattias Kumm: What is Cosmopolitan Constitutionalism and how does it relate to National Constitutionalism?
12. Rainer Wahl: In Defence of National Constitutions
Part V: Global Administrative Law: A Viable Substitute?
13. Nico Krisch: The Promise of
Global Administrative Law
14. Alexander Somek: Administration without Sovereignty
Part VI: The Emergence of Societal Constitutionalism
15. Gunther Teubner: Fragmented Foundations: Societal Constitutionalism beyond the Nation State
16. Neil Walker: Beyond the Holistic
Constitution?
17. Riccardo Prandini: The Morphogenesis of Constitutionalism
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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), 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.
Constitutional Goods - Alan Brudner
Legal Republicanism - Edited by Samantha Besson and José Luis Martí
New Perspectives on the Divide Between National and International Law - Edited by André Nollkaemper and Janne E. Nijman
Making Sense - Margot Northey and Joan McKibbin
