Imaginary of Post-National European Constitutionalism: Lessons from Central European Philosophy, Sociology and Jurisprudence

Abstract The article focuses on the paradoxes of constitutional identity and the impact of constitutional sovereignty on post-sovereign European society and politics. It uses post-1989 constitutional and social transformations in Central European countries, the rise of constitutional populism and identitarian politics to argue that the nation state continues to operate through the principle of constitutional sovereignty even in the EU’s post-sovereign constitutional constellation. It thus proves that democratic politics is identity politics even in post-sovereign and post-national politics and the EU’s supranational organisation has to respond to the constitutional and political identity question through its own structures and semantics. The central argument, therefore, revisits classic notions of social and constitutional theory such as the distinctions between community and society, ethnos and demos or authenticity and alienation to outline the persistence of nationalism and its varieties in contemporary constitutional populism in Central Europe. While recognising that the nation state continues to be the only organisation to successfully combine rational efficiency and communal bonds constituted by the national identity, the EU’s response to the challenges of constitutional populism and nationalism needs to enhance its democratic legitimation and constitutionally integrate the imaginaries of European public spheres and demoicracy to promote an anti-explosive alternative to the explosive nationalist imaginaries.