The Dark Future of Constitutionalism

Abstract

This essay is a review of Alexander Somek’s book "The Cosmopolitan Constitution" (OUP, 2014). After summarizing the main argument of the book, the essay pursues two lines of criticism. First, it contends that Somek’s treatment of legal pluralism relies on an insufficiently articulated distinction between law and politics. Second, it maintains that Somek overstates the negative effects of global capitalism on nation-state democracy. The essay concludes that the future of constitutionalism is less dark than Somek would have it, but also – these criticisms notwithstanding – that this is a remarkable book that no one can ignore.