Constitutionalism and crisis. On the transformations of a political paradigm of order
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DOI:
https://doi.org/10.63277/gsc.v32i.4657Keywords:
Global State, constitutionalisation, society-world, power, dominationAbstract
Starting from the economic crisis begun in 2008 and from the crisis of the European Union, the essay reconstructs the transformations of the conceptual constellation formed by constitution, constitutionalisation and constitutionalism. The link between constitutionalisation as dynamic adaptation between government and society and constitutionalism as political discourse that legitimizes that movement is particularly emphasized. Three different discussion contexts are analyzed: the classic constitutionalism (T. Paine and L. von Stein), the neo-liberal constitutionalism (F. A. von Hayek) and finally the societal constitutionalism (G. Teubner). In all these contexts the role reserved to the State, society and individuals is critically examined, in order to check the endurance of the concept of constitutionalism. In conclusion it is questioned whether, after the eruption of neoliberal constitutionalism, it is still appropriate for the world society and its global State with the power and domination relations that they impose.
