Beyond the post-sovereign state?: The past, present, and future of constitutional pluralism

Abstract

Constitutional pluralism is a theory for the post-sovereign European state. This only makes sense historically, emerging out of postwar European reconstruction through the repression of popular sovereignty and restraining of democracy, including through the project of European integration. It became unsettled at Maastricht and evolved from a series of irritants into a full-blown crisis in the recent decade, with sovereignty claims returning both from the bottom-up and the top-down, to the extent that we can legitimately ask whether we are now moving 'beyond the post-sovereign state'? Constitutional pluralist literature fails to capture this in that evades material issues of democracy and political economy.