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Constitutional imaginaries : the story of the rise and fall of intellectual enchantment
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1973-2937
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European journal of legal studies, 2024, Vol. 15, No. 2, pp. 91-107
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KROGEL, Maciej Maksymilian, Constitutional imaginaries : the story of the rise and fall of intellectual enchantment, European journal of legal studies, 2024, Vol. 15, No. 2, pp. 91-107 - https://hdl.handle.net/1814/76548
Abstract
'What happened to the European Union constitutional imagination?', asks Jan Komárek in the introduction to the book on the European constitutional imaginaries, narratives and utopias. Are the language and metaphors of constitutionalism in the Union still helpful or relevant, and if so, how? This contribution does not read Komárek's question as concerning the (nostalgia-generative) demise of constitutional vocabulary. Rather, this paper modestly suggests a response to the abovementioned question. It does so by looking at the material, socio-economic conditions of the European constitutional academia and scholarship. I believe that such a perspective can quite easily fit the book's sensitivity to the political-economic layer of law. Before moving on to the argument, two caveats should be highlighted. First, the paper does not make any claim to giving an exclusive and final response. Instead, it suggests that, apart from exploring the political economy or socio-economic philosophy of the EU, it is also worth seeking explanations a bit closer, in the material preconditions of the academic profession itself. Second, the paper is not driven by the wish to save or to praise the grand (or at least large enough) constitutional narratives for their own sake. Rather, it assumes that at least some of the constitutional imaginaries have had refreshing, enchanting, inspiring and emancipatory potential. It is this potential that, I argue, can serve as an explanatory tool for tracing the transformation of the European constitutional imaginaries.
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Published online: 29 February 2024