The Achievement of Constitutionalism and its Prospects in a Changed World

Abstract

This essay describes the ambitious claim of modern constitutionalism and distinguishes it from mere juridification of public power. It shows the challenges of constitutionalism that follow from the loss of identity between state power and public power. The essay asserts that the necessity to regulate public power persists, regardless of whether it is exercised by state authorities or international organizations. However, it raises doubts that the fragmented public power on the international level can be regulated in a way that would satisfy the demands of constitutionalism. What can be observed is an ongoing juridification which, however, lacks basic features of constitutionalism. How a full compensation could look like is an open question.

Translation by Matteo Bozzon – Università di Padova – matteo.bozzon@gmail.com