
The Twilight of Constitutionalism?
Oxford University Press
1st Edition
Published on 11. February 2010
Book
Hardback
370 pages
978-0-19-958500-7 (ISBN)
Description
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.
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.
Reviews / Votes
[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 *More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Target group
College/higher education
Professional and scholarly
Academics and advanced students working on constitutional theory or the theory of international law.
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 24 mm
Weight
719 gr
ISBN-13
978-0-19-958500-7 (9780199585007)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions

Petra Dobner | Martin Loughlin
The Twilight of Constitutionalism?
E-Book
01/2012
1st Edition
OUP eBook
€31.49
Available for download

Petra Dobner | Martin Loughlin
The Twilight of Constitutionalism?
Book
01/2012
Oxford University Press
€70.68
Shipment within 15-20 days

Edited By Petra Dobner And Martin Loughlin
Twilight of Constitutionalism?
E-Book
01/2012
1st Edition
Oxford University Press
€205.44
Available for download
Persons
Petra Dobner is Associate Professor of Political Science at the University of Halle, Germany.
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).
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).
Editor
Associate Professor of Political Science at the University of Halle, Germany
Professor of Public Law at the London School of Economics and Political Science
Content
INTRODUCTION ; PART I: CONSTITUTIONALISM AND THE EROSION OF STATEHOOD ; 1. The Achievement of Constitutionalism and its Prospects in a Changed World ; 2. Disconnecting Constitutions from Statehood: Is Global Constitutionalism a Viable Concept? ; 3. What is Constitutionalisation? ; PART II: THE QUESTION OF EUROPE ; 4. European Governance: Governing with or without the State? ; 5. Legitimacy in the Multi-level European Polity ; 6. Constitutionalism and Representation: European Parliamentarism in the Treaty of Lisbon ; PART III: CONSTITUTIONALISM WITHOUT DEMOCRACY? ; 7. More Law, Less Democracy? Democracy and Transnational Constitutionalism ; 8. On Constitutional Membership ; 9. Constitutionalism and Democracy in the World Society ; PART IV: CONSTITUTIONAL LAW AND PUBLIC INTERNATIONAL LAW ; 10. The Best of Times and the Worst of Times: Between Constitutional Triumphalism and Nostalgia ; 11. In Defence of 'Constitution' ; PART V: GLOBAL ADMINISTRATIVE LAW: A VIABLE SUBSTITUTE? ; 12. Global Administrative Law and the Constitutional Ambition ; 13. Administration without Sovereignty ; PART VI: THE EMERGENCE OF SOCIETAL CONSTITUTIONALISM ; 14. Beyond the Holistic Constitution? ; 15. The Morphogenesis of Constitutionalism ; 16. Fragmented Foundations: Societal Constitutionalism beyond the Nation State