Constitutional theory in times of crisis: Power, law and morality

The contemporary global crisis can be explored in different perspectives. This text focuses on constitutionalism. It asks whether constitutionalism still matters. Responding to this question requires revisiting the basic analytical and normative concepts that shape individual autonomy, polity, law and democracy in the context of globalization. Part I of the article introduces the question of the crisis of constitutionalism. It briefly explores the dispute between proponents of state and post-state constitutionalism, and proceeds with an analysis of societal constitutionalism. The critical reading of this theory prepares the ground for a positive normative argument. Part II of the article argues for the return to the moral core of constitutionalism. It defends the claim that justice at the global stage requires establishing a minimum common denominator that would be composed of universalizable substantive principles. The institutional question follows. Its focus should be on the authoritative identification, protection and advancement of the core values of constitutionalism in the social and legal-political realms of the world society.