Constitutionalism, Judicialisation and Human Rights in the Integration of European Society

This chapter discusses a renewed interest in a sociology of constitutions in recent years. This interest has emerged not least due to the significantly changing nature of constitutions and constitutionalism, not in the last place as a result of apparent constitutional qualities inherent in legal regimes beyond state borders. A historically and sociologically informed approach helps to study European integration as a legal and constitutional project, and highlights its fragility and tensions, increasingly visible in recent years. The chapter first introduces a sociological view of constitutions and constitutionalism in general terms, and then goes on to discuss the multi-faceted process of constitutionalisation and judicialization in postwar Europe from a sociological angle, with particular emphasis on the depoliticizing and at the same time contested nature of this process. The final part of the chapter reflects on contemporary issues related to the problematic dimensions of the constitutionalising and judicialising process, including a backlash against universal rights and supranational law in many European societies.