The Promise and Perils of Postnational Constitutionalism
Chapter 2 analyses the legacy of constitutionalism for politics and law beyond the state. It retraces the different modes in which constitutionalism has been conceptualized in regional and global contexts, asks what it means to ‘translate’ such a concept into another sphere, and investigates the historical and normative pedigree of its main strands—power-limiting and foundational constitutionalism. Foundational constitutionalism has been the dominant tradition in Western politics over the last two centuries, but if we take the experience of divided societies as a measure, it is unlikely fully to redeem its promise of framing (and taming) politics through law in the highly diverse and contested postnational space. Yet lowering ambitions and retreating to a power-limiting form of constitutionalism—a frequent move in current debates—would sell the constitutionalist project short: it would fail to live up to the more radical promise connected with it historically.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.