Constitutionalism, judicialization, and human rights in the integration of European society

This chapter suggests that a historically and politically informed sociological analysis of the constitutional project is of much use in bringing out the fragility and tensions of the European project, which in particular in recent times have become highly apparent. I first briefly introduce a sociological approach to constitutions and constitutionalism in more general terms, and subsequently discuss the multi-faceted process of constitutionalization and judicialization of post-war Europe in a political-sociological fashion. A prominent emphasis is on the depoliticizing and at the same time contested nature of the process. The final part reflects on contemporary issues related to the problematic dimensions of the constitutionalization and judicialization process, including a backlash against universal rights and supranational law in many European societies.