The Limits of Normative Constitutionalism

Global constitutionalism is one of the outstanding accomplishments of normative constitutional theory. The most successful instantiations of normative constitutional theories of global constitutionalism have taken up perspectives that seemed potentially incompatible: legal pluralism and the sociology of constitutions. The normative case for global constitutionalism as the arguments given in support of global constitutionalism are very sophisticated; the relevance of normativism in global constitutional law is undeniable.
Still, the paper questions the undergirding normativity assumed by these arguments. Therefore, it reconstructs the normative arguments in support of global constitutionalism, but then identifies a lack of political reflexivity: The great achievement of modern constitutionalism, the coupling between law and politics, is undone in favour of a colonisation of law by a constellation of legal fragments which often strangle rather than open up the possibilities of politics.