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2.4 - Constitutionalism Adrift

from Part II - Political Constitutionalism

Published online by Cambridge University Press:  26 March 2021

Emilios Christodoulidis
Affiliation:
University of Glasgow
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Summary

Buoyed by the move to the transnational level, largely released from its confinement in the State form, constitutionalism has in the last couple of decades come unmoored from its traditional settings to become something of a floating signifier on the transnational scale. The nautical metaphor1 is not altogether unconnected to the flows of capital. The new semiosis of the constitutional involves a productive coupling of two terms, constitutionalisation and pluralism, in a series of articulations that have been largely successful in overhauling the constitutional debate in its totality. In that context, constitutionalisation, a concept bereft of a referent, has been for reasons of its under-determination productively coupled with the concept of constitutional pluralism. My interest in this chapter is with constitutionalisation as a process of ‘becoming-constitutional’, the conditions of that process, the criteria of ascription of constitutionality and its constitutive articulation with constitutional pluralism.

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Chapter
Information
The Redress of Law
Globalisation, Constitutionalism and Market Capture
, pp. 259 - 294
Publisher: Cambridge University Press
Print publication year: 2021

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