Chapter

Disconnecting Constitutions from Statehood

Ulrich K. Preuss

in The Twilight of Constitutionalism?

Published in print February 2010 | ISBN: 9780199585007
Published online May 2010 | e-ISBN: 9780191723469 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199585007.003.0002

Series: Oxford Constitutional Theory

Disconnecting Constitutions from Statehood

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This chapter argues that the essence of constitutionalism is misunderstood if it is too directly linked to the concept of statehood. The principle of territoriality — which is the essence of statehood — was made effective by the absolutist state and that the key feature of constitutionalism has been to overcome the logic of the absolutist state. This has been done by linking sovereignty not so much to territory as to a people. Exploring this latter relation, the chapter argues that constitutionalism maintains the potential to overcome its historic links with statehood and to provide a means of normative integration of institutional arrangements at the transnational level.

Keywords: constitutionalism; statehood; territoriality; absolutist state; sovereignty

Chapter.  12021 words. 

Subjects: Constitutional and Administrative Law

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