The Twilight of Constitutionalism? (Oxford Constitutional Theory) - Hardcover

9780199585007: The Twilight of Constitutionalism? (Oxford Constitutional Theory)

Hardcover

ISBN 10: 0199585008 ISBN 13: 9780199585007

Publisher: Oxford University Press, 2010

The Twilight of Constitutionalism explores the concepts and values that underpin traditional constitutionalism that 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 center 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.

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About the Author:

Martin Loughlin is Professor of Public Law at the London School of Economics. He specializes 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).
Petra Dobner is Associate Professor of Political Science at the University of Halle, Germany.

Review:

"Any international lawyer interested in these questions will not get around The
Constitutionalization of International Law and The Twilight of Constitutionalism?. They are both obligatory references in the discussion about constitutionalism beyond the state."
--Thomas Kleinlein, Dr. iur., research and teaching fellow at the Goethe-Universit�t
International and European Law Book Reviews Online

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