ABSTRACT
Expanding some theoretical conceptualisations of constitutional pluralism, this chapter revisits Teubner's theory of societal constitutions to focus on transformations of the imaginary of constitutionalism and constitutional polity vis-à-vis the EU's transnational organisation and governance. The distinction between polity and society is used to argue that the European constitutional polity is constituted by structural coupling between the systems of EU law and politics as much as other social systems. It cannot be exclusively constituted by the sub-system of transnational European governance – functioning and efficient gubernaculum. However, neither can it be considered a community of foundational values permeating and legitimising all aspects and levels of European society as its ultimate iurisdictio. European post-constituent constitutionalism is thus self-limiting in terms of both societal expansionism and moral fundamentalism.
