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The Twilight of Constitutionalism?$
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Petra Dobner and Martin Loughlin

Print publication date: 2010

Print ISBN-13: 9780199585007

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199585007.001.0001

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Disconnecting Constitutions from Statehood

Disconnecting Constitutions from Statehood

Is Global Constitutionalism a Viable Concept?

Chapter:
(p.23) 2 Disconnecting Constitutions from Statehood
Source:
The Twilight of Constitutionalism?
Author(s):

Ulrich K. Preuss

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199585007.003.0002

This chapter argues that the essence of constitutionalism is misunderstood if it is too directly linked to the concept of statehood. The principle of territoriality — which is the essence of statehood — was made effective by the absolutist state and that the key feature of constitutionalism has been to overcome the logic of the absolutist state. This has been done by linking sovereignty not so much to territory as to a people. Exploring this latter relation, the chapter argues that constitutionalism maintains the potential to overcome its historic links with statehood and to provide a means of normative integration of institutional arrangements at the transnational level.

Keywords:   constitutionalism, statehood, territoriality, absolutist state, sovereignty

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