ABSTRACT
Jurgen Habermas has been a proponent of European integration and the constitutionalisation of world order. Habermas' ideas of post-national democracy and of constitutional patriotism have left lasting imprints on the academic debate of the European Sonderweg. This chapter begins with the plea for a constitutionalisation of international law and then spells out Habermas' idea of the EU as a federation of nation states. It discusses Habermas' original constitution making theory, which has strong cosmopolitan implications. Habermas tries to solve the integrational problems in Europe (and of world citizenship) with the help of the idea of mixed constituent power (‘pouvoir constituant mixte’). Mixed constitution refers to the fact that there are three types of constitution: Monarchy, oligarchy, and democracy. The concept of constituent power is well known from the writings of Emmanuel Sieyes and James Madison, as well as Carl Schmitt.
