Beyond the Holistic Constitution?

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract / Description of output

This chapter deals with the constitutional consequences of the erosion of statehood. It does so by considering whether — and, if so, on what terms — constitutionalism can remain a viable concept in the old state setting. It asks whether — and, if so, on what terms — constitutionalism could possibly be adapted to new settings. It argues that the use of the term constitutionalism should be retained, and it should be used to serve as a placeholder for exactly those concerns with respect to which others reject the use of the constitutional language when speaking about the transnationalisation of law.

Constitutionalism serves a crucial longstop function of providing a medium for dealing with the abiding concerns we still have, and ought to have, about our ideas of the common interest.
Original languageEnglish
Title of host publicationThe Twilight of Constitutionalism?
EditorsPeter Dobner, Martin Loughlin
PublisherOxford University Press
Number of pages18
ISBN (Print)0199585008, 9780199585007
Publication statusPublished - 2010

Keywords / Materials (for Non-textual outputs)

  • constitutionalism
  • statehood
  • constitutional holism


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