Beyond the Holistic Constitution?

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.