Title: Constitutional sovereignty in post-sovereign Europe in crisis: A Central European perspective
Abstract: This chapter raises the question of what happened to the political and legal concept of sovereignty in post-sovereign European society and how its both persistence and transformation affected recent theories of constitutionalism. I argue that the persistence of sovereignty as a political and legal concept in the post-sovereign Europeanised social constellation needs to be addressed against the background of the tension between the semantics and structures of the systems of positive law and politics evolving at supranational and transnational level. For this reason, I believe that the conceptual framework of the autopoietic social systems theory offers the most persuasive theoretical response to the recent problems of democratic constitutionalism within and beyond the nation state in Europe and elsewhere.
Publication Year: 2018
Publication Date: 2018-02-02
Language: en
Type: book-chapter
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