ABSTRACT

This chapter argues that when the all-comprehensive and self-sufficient structure of nation-state constitutions changes and is replaced with a combination of institutions and constitutional texts on several levels, changes inevitably occur as constitutionalism and in the functions, the forms, the configurations and the principles of constitutions. It discusses the Europeanization and globalization of law, and different regimes of inter-, supra- and transnational law, are processes which are challenging and changing the concept of constitutionality and how it is used. Constitutional structures on several different institutional and territorial levels need to be combined in order to describe and understand the total and functioning constitutionalism of one state, which will change the variety of structures, functions, and principles in constitutions and constitutionalism. European Union (EU) member states possess modern democratic constitutions where different and historically specific configurations of democracy, human rights and the rule of law form crucial parts of the legitimacy of national constitutional institutions.