154.5
Sociology of Constitutions: A Paradoxical Perspective
Sociology of Constitutions: A Paradoxical Perspective
Thursday, 14 July 2016: 11:33
Location: Hörsaal 17 (Juridicum)
Oral Presentation
The fundamental concept of the constitution is changing rapidly. On the basis of the general formula one state, one constitution, the constitution, used to be seen as the sole and indisputable mother of the legal order, was consequently used in many convergent ways: by judges as the main tool for granting identity to their legal decisions, by political actors as the main criterion for defining the limits of their own legal interventions, and by the public as the main institutionalised norm for defending the abstract recognition of new rights or the elimination of previous constraints.
Many parts of these legal and sociological narratives have now come to be regarded as outdated. Transnational organisations, economic interests that transcend state borders and emerging calls for greater autonomy from local communities all require regulations of such a scope that single states are coming to accept significant limitations to their own autonomy. Here some questions arise: is it possible to imagine a reliable constitution without a clear reference to a sovereign state? Can a plurality of states agree reciprocally to downscale their own political roles, even in the absence of a corresponding meta-state and of a fully institutionalised new order?
Many parts of these legal and sociological narratives have now come to be regarded as outdated. Transnational organisations, economic interests that transcend state borders and emerging calls for greater autonomy from local communities all require regulations of such a scope that single states are coming to accept significant limitations to their own autonomy. Here some questions arise: is it possible to imagine a reliable constitution without a clear reference to a sovereign state? Can a plurality of states agree reciprocally to downscale their own political roles, even in the absence of a corresponding meta-state and of a fully institutionalised new order?