Chapter

Beyond the Holistic Constitution?

Neil Walker

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/9780199585007.003.0014

Series: Oxford Constitutional Theory

Beyond the Holistic Constitution?

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This chapter deals with the constitutional consequences of the erosion of statehood. It does so by considering whether — and, if so, on what terms — constitutionalism can remain a viable concept in the old state setting. It asks whether — and, if so, on what terms — constitutionalism could possibly be adapted to new settings. It argues that the use of the term constitutionalism should be retained, and it should be used to serve as a placeholder for exactly those concerns with respect to which others reject the use of the constitutional language when speaking about the transnationalisation of law. Constitutionalism serves a crucial longstop function of providing a medium for dealing with the abiding concerns we still have, and ought to have, about our ideas of the common interest.

Keywords: constitutionalism; statehood; constitutional holism

Chapter.  9155 words. 

Subjects: Constitutional and Administrative Law

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