This book offers a social theoretical analysis of imaginaries as
constituent social forces of positive law and politics.
Constitutional imaginaries invite constitutional and political
theorists, philosophers and sociologists to rethink the concept of
constitution as the normative legal limitation and control of
political power. They show that political constitutions include
societal forces impossible to contain by legal norms and political
institutions. The constitution of society as one polity defined by
the unity of topos-ethnos-nomos, that is the unity of territory,
people and their laws, informed the rise of modern nations and
nationalisms as much as constitutional democratic statehood and its
liberal and republican regimes. However, the imaginary of polity as
one nation living on a given territory under the constitutional
rule of law is challenged by the process of European integration
and its imaginaries informed by transnational legal and societal
pluralism, administrative governance, economic performativity and
democratically mobilised polity. This book discusses the sociology
of imagined communities and the philosophy of modern social
imaginaries in the context of transnational European
constitutionalism and its recent theories, most notably the theory
of societal constitutions. It offers a new approach to the legal
constitutions as societal power formations evolving at national,
European and global levels. The book will be of interest to
scholars and students interested in constitutional and European law
theory and philosophy as much as interdisciplinary and socio-legal
studies of transnational law and society.
General
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