Societal Constitutionalism (Theory of)

The entry provides a comprehensive outline and systematization of societal constitutionalism (SC), one of the main frameworks in contemporary legal theory to analyze the emergence of constitutional phenomena, especially beyond state legal orders. After an introduction in section “Introduction”, section “Societal Constitutionalism as an Analytical Theory” explains SC’s analytical limb, which on the one hand de-constructs some tenets of traditional state-centered constitutionalism (“Pars Destruens”); and on the other hand individuates the functions, arenas, processes, and structures for a system to be constitutionalized (“Pars Construens”). Section “Societal Constitutionalism as a Normative Theory” turns to SC’s normative limb, pointing to some legal policy proposals, aimed in particular at the increase of social systems’ capacities of self-limitation (“Increase of External Pressures and Openness to Learning”); and at the development of a new law of inter-systemic collisions (“Development of a Law of Inter-Systemic Collisions”). Section “Competing Approaches and Criticisms” finally addresses some competing approaches and criticisms, especially those coming from the proponents of state-centered constitutionalism (“State-Centered Constitutionalism”); of international/global constitutionalism (“International/Global Constitutionalism”); and of contestatory/material constitutionalism (“Contestatory/Material Constitutionalism”).