Political Constitutionalism in Europe Revisited

Journal of Law and Society, Forthcoming

LSE Legal Studies Working Paper No. 09/2022

30 Pages Posted: 29 Jun 2022

See all articles by Michael A. Wilkinson

Michael A. Wilkinson

London School of Economics - Law School

Date Written: June 27, 2022

Abstract

This paper traces the disconnect in the constitutional study of the European Union from the Maastricht era to the euro crisis phase. In the Maastricht era, a discourse of post- sovereignty comes to dominate theoretical enquiry, reflecting but also distorting a number of material developments: the ‘end of history’, the retreat of critical theory into discourse analysis and systems theory, and the prioritisation of law over politics. Jürgen Habermas was a key intellectual figure in driving this ideological mix at the very moment when anti-systemic challenges began to return, both formally and informally, as exemplified in the German Constitutional Court and the French political scene. In revisiting the idea of political constitutionalism, we can foreground this constitutional disconnect and show how it contributes to the irresolution of the subsequent euro crisis conjuncture.

Keywords: Sovereignty, Post-sovereignty, Habermas, Maastricht, Critical Theory, Populism

Suggested Citation

Wilkinson, Michael A., Political Constitutionalism in Europe Revisited (June 27, 2022). Journal of Law and Society, Forthcoming, LSE Legal Studies Working Paper No. 09/2022, Available at SSRN: https://ssrn.com/abstract=4147369 or http://dx.doi.org/10.2139/ssrn.4147369

Michael A. Wilkinson (Contact Author)

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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