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The Twilight of Constitutionalism? (Hardcover)
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The Twilight of Constitutionalism? (Hardcover)
Series: Oxford Constitutional Theory
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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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