Introduction: Political constitutions in transnational society: introducing socio‐legal and interdisciplinary perspectives

This Special Supplement of the Journal Law and Society builds on success Societal Constitutions in Transnational Legal Regimes, which was published 2018 focused non-political societal constitutions their transnationalization globalization. current volume revisits political recent evolution transnationalization. It explores beyond traditional semantics structures state national institutions imaginaries. Individual contributions use interdisciplinary socio-legal methods to examine constitutionalism supranational, transnational, international constellations. They focus methodological modifications constitutional theory as much reconceptualizations its classic concepts, especially polity, identity, citizenship, public sphere reason, deliberation, mobilization. Relations between transnational polities legal networks are examined individual articles highlight role regimes settlements. Classic notions republicanism, democracy, legitimacy, sovereignty, freedom non-domination, social justice analysed nation states because impact practical politics cannot be underestimated critical European Union (EU) illustrates most persuasive way. Public private regimes, conflict laws, relationship economic discussed both general theoretical specific international, European, contexts. The EU's legitimacy depends a strengthening market governance constitutionalism. Nevertheless, strength constitution is matched by weakness legitimacy. common originally expected facilitate good yet this benefit has been significantly questioned decades. transnationalism also context plurinational statehood regional sub-national political, administrative, cultural units. democratic failings not only consequences deficit at EU level but, more importantly, disconnect member level. urgent need for reconnection, therefore, applies bodies institutions. opens with Richard Bellamy's article ‘Political Constitutionalism Populism’. Using methodology science focusing fields institutions, Bellamy defines populism form anti-system that draws either socio-cultural or an challenge established values. distinction then contrasted two regulative ideals constitutionalism, limited government non-arbitrary rule. According Bellamy, rests rule pluralism, can associated ideal liberalism. While incompatible right-wing populism, it accommodate legitimate demands left-wing populism. subsequently puts argument test developments United Kingdom (UK) analyses limits combatting rise Criticisms constitutionalism's alleged legitimization backsliding, including Brexit post-Brexit policies, refuted basis model UK elsewhere made increasingly responsive popular will. concludes calling reforms could further strengthen Jiří Přibáň’s ‘Constitutionalism, Populism, Imaginary Authentic Polity: A Socio-Legal Analysis Spheres Constitutional Demoicratization’ focuses concepts Bellamy. adopts perspective emphasize duality power limitations enhancements. uses Charles Taylor's notion ‘social imaginaries’ analysing imaginary sphere, distinguished from authentic polity. Populism described drawing authenticity primary belief constituent people protected against corruption representative democracy unrepresentative technocracy. Přibáň, promise behind resurgence empowers what Zygmunt Bauman ‘explosive communities’. Following analysis identity politics, law discusses possible responses rising imaginaries spheres ‘demoicracy’. Přibáň emphasizing will challenged populist backlash local levels unless starts constituting alternative mobilization constitutionalization. Ming-Sung Kuo's ‘Democracy Emergency: Finding Foundation Knowledgeable State Social Dynamics’ institutional epistemology dynamics society governance. Connected opinion expert knowledge, investigates knowledge. organization epistemic competence knowledge production required Kuo, ordering dynamic leads establishment ‘knowledgeable state’. epistemico-political World Health Organization's early response COVID-19 pandemic. As regards structural interaction state's society's context, unique new supra-state landscape. landscape involves legitimation challenges expertise-steered global crisis capacities framework. Chiara Valentini's ‘Democratic Representation Non-Majoritarian Actors Orders: Systemic Analysis’ elaborates problem representation non-majoritarian bodies, actors societies. Her adoption systems formulation complex pluralistic process involving different activities. Non-majoritarian legitimized expertise functions – such regulatory agencies, adjudicative service providers, central banks controversially exercise authority election control. Their decision making may run independently indeed sometimes counter principle representation, already enormous increased globalization politics. responsible they often limit counteract those therefore constitute counter-majoritarian democratically organized polities. Niklas Luhmann's systems, Valentini these judges regimes. Adjudicative impartial independent influence, politically elected bodies. Valentini, looks broader alternatives possibilities based plurality complexity. She stating achieve status potential diachronically part systemic continuum unfolds over time. Christian Joerges’ contribution entitled ‘Transnational Conflicts-Law Economic Constitutionalism: Exemplary Case Union’ continues exploration themes emergence non-representative powers Joerges considers fact poses some fundamental least emerge ever powerful influential society. Importantly, he asks whether should recognized confronted To avoid pitfalls spontaneously evolving returning defences sovereignty monopoly rule, proposes third way: ambitious reconceptualization reconstruction order three-dimensional conflicts democracy-enhancing potential. Joerges, reinvigorates original ‘united diversity’ motto Draft Treaty 2004. He arguing preserves democracies while providing cooperative solving tasks retaining supervisory operations arrangements solutions growing weakening Michelle Everson, her ‘The Constitution Political Constitution: Seeking Common Good Post-National Setting’, offers post-national constellation provides extremely useful historical contextualization integration, ordoliberal precepts, design template saviour absence settlement. Everson's tensions framework within Trade Organization reveals external internal agents place system, Charter Fundamental Rights, contrasts forms incorporate socialized models economy. comparative approach ordoliberalism concept stretches economy needs integrate socio-political good. Everson critically assessing modern misplaced universalism technocratic absolutism abdicates responsibility Michael Wilkinson's Europe Revisited’ same criticism failures vis-a-vis serves case study. Wilkinson, euro revealed gaps structure organization. These linked legacy authoritarian roots inter-war period post-war integration. Similarly Wilkinson hybrid drawn history post-sovereign Informed theory, treaties special importance Maastricht decisive step towards future decisions post-Maastricht era theoretically defined post-sovereignty, prioritization transformation philosophy into Habermasian discourse Criticizing demise marked slogan ‘the end history’ reunification Germany collapse Soviet Union, shows universalistically optimistic Jürgen Habermas, pivotal intellectual era, actually obscured anti-systemic emerging neoliberal economy, resulting other crises. In his ‘Plurinational Democracies Europe: Quest Profane Constitutionalism’, Joxerramon Bengoetxea examination scrutiny EU. However, right self-determination self-government sub-state nations examines conceptualizations peaceful regarding contestations territory, sovereign authority. endeavour, employs terms ‘militant democracy’ ‘plurinational great number fundamentally examples Quebec Kosovo prepare conceptual argumentative ground legally case: Catalan secessionist sovereigntist movement. unity people, law, tradition possibility pluralist federal would have capacity peacefully recover typically self-assertion community. Combining broad movements around world detailed entailing Spain, argues majoritarian neglects recognition claims territorial minorities. analysis, lead militant doctrinal exclusion debates. Bengoetxea, sacralizes text pre-defined exclusionary demos, revisited countered profane flexible alternative. Finally, Carmen Pavel's ‘Coercion Justification: Global Reason Perspective Security Council Reform’ topics closely related Bengoetxea's rights self-assertion. Matters coercion justification aspects permeate all sub-national, national, transnational. Pavel, takes Nations study body authorizes force cases self-defence. describes outline culture reason. question entrusted extraordinary range peacekeeping legislating protecting human humanitarian emergencies requires profound philosophical engagement. combination speculation fascinating problems methodologies Council's protection peace security increasing collapses effectively mean authority, structure, reformed Pavel reconceptualizes through reason normative inadequacy urgency reformed. trend society: organizations gets stronger, weaker. thus ends initial topic All demonstrate manners writing reasoning