Review of Petra Dobner and Martin Loughlin (Eds.): The Twilight of Constitutionalism? (Oxford: Oxford University Press, 2010)

European Law Review, Vol. 36, No. 2, pp. 305-08, 2011

4 Pages Posted: 26 Feb 2015

Date Written: January 1, 2011

Abstract

The use of constitutional language and concepts has enjoyed a widespread expansion in recent decades. From the relatively narrow confinement within national constitutional law discourses it has, in the wake of globalisation, crept into almost all legal sub-disciplines as well as into political science, international relations and sociology. Does this development mark the triumph of constitutionalism or is it rather an indication of its demise taking the form of an increasingly desperate attempt to maintain the constitutional outlook in the face of structural developments which threaten to undermine state-based constitutional orders? This crucial question, which goes to the core of the future of democracy and the rule of law, is the topic of this brilliantly edited volume.

Keywords: Constitutional Theory; Constitutionalism; Legal Theory; Social Theory; Globalization; Transnationalism; Cosmopolitanism; Legal Pluralism; Socio-legal Studies; Sociology of Law; European Integration; Constitutionalization; Liberalism; Rights

Suggested Citation

Kjaer, Poul F., Review of Petra Dobner and Martin Loughlin (Eds.): The Twilight of Constitutionalism? (Oxford: Oxford University Press, 2010) (January 1, 2011). European Law Review, Vol. 36, No. 2, pp. 305-08, 2011. Available at SSRN: https://ssrn.com/abstract=2569385

Poul F. Kjaer (Contact Author)

Copenhagen Business School ( email )

Solbjerg Plads 3
Frederiksberg C, DK - 2000
Denmark

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