This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics.

Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels.

The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.

chapter |12 pages


On concepts, methods and theories of constitutional imaginaries

part Part I|50 pages

Constitutional imaginaries and transvaluation of values

chapter 141|25 pages

Constitutional imaginaries

On social potentia, political potestas and legal auctoritas

chapter 2|23 pages

Transcendental apparatus of constitutional values

On legitimation and normalisation of power

part Part II|62 pages

Out of the topos-ethnos-nomos unity

chapter 643|21 pages

Out of topos

The nation state imaginary in post-national society

chapter 4|19 pages

Out of ethnos

Imagined nations and post-national rights culture

chapter 5|20 pages

Out of nomos

The circularity of moral universalism and legal particularism

part Part III|89 pages

European constitutional imaginaries

chapter 1266|25 pages

The imaginary of legal pluralism

On the sociological concept of European constitutionalism

chapter 7|21 pages

The imaginary of administrative calculemus

On European polity, state and social steering

chapter 8|21 pages

The imaginary of prosperous imperium

On the market spontaneity and economic constitutionalism in the EU

chapter 9|20 pages

The imaginary of mobilised communitas

Europe and the populist promise of authenticity