Chapter

The Best of Times and the Worst of Times

Mattias Kumm

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/9780199585007.003.0010

Series: Oxford Constitutional Theory

The Best of Times and the Worst of Times

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The idea of a ‘postnational constellation’ conjures up a world in which globalisation, privatisation, and individualisation have changed the basic configuration of the legal and political world. The state has become disaggregated as regulatory authority has shifted towards transnational governance structures and devolved to subnational public authorities or private actors. There are a number of questions one might ask about these changes. Have they strengthened human rights and have they furthered peace, justice, and prosperity within and across societies? Or have they created new inequities and new dangers? The literature on these questions, either generally, or addressing specific policy issues, is endless. This chapter focuses on the more limited question of how these changes can best be described and assessed in constitutional terms. Specifically the question is: How are these changes affecting the tradition of modern constitutionalism? It provides a deeper understanding of the nature of the dispute between triumphalists and nostalgists.

Keywords: constitutionalism; triumphalism; nostalgia; democratic statism

Chapter.  10031 words. 

Subjects: Constitutional and Administrative Law

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