The End of Global Constitutionalism and Rise of Antidemocratic Politics

Abstract

Drawing upon the idea of “constitutional antagonism” this article offers a critique of the liberal cosmopolitan framing global constitutionalism and its response to the rise of antidemocratic and “populist” authoritarian politics. Liberal cosmopolitan approaches to global constitutionalism generally pay inadequate attention to the ways in which neoliberal ideology and rationality have come to dominate the fragmented networks and structures of global constitutionalism and the connected emergence of an anti-cosmopolitan and authoritarian discourse of “nationalist neoliberalism”. Against the limits of liberal cosmopolitanism, and against the twin threats of neoliberal transnational governance and neoliberal nationalist, interstate conflict, it is argued that if an idea of transnational or global constitutionalism is to be held onto and retain any value then it must be based upon socially transformative ideas of egalitarian and ecological social justice and enacted through legal and political strategies and struggles that attempt to actively displace neoliberal ideology and rationality.