Global Constitutionalism and the Rise of Authoritarianism: A New Era of “Sad Resignation”?

ABSTRACT Global constitutionalism is a multifaceted discourse with the objective of building up global law by reconstructing international law and constitutional law. It promises much to better comprehend the black holes of globalisation, including its relationship to the rule of law. This discourse’ expansive scope necessitates questioning its relationship to ongoing discourses on the recent global rise of authoritarianism. However, global constitutionalism discourse is heavily shaped by normative theories that reflect limited, discrete and subjective views on the global order that fail to mirror intersubjective meanings of the central subjects of the discourse. This article will examine the relationship between global constitutionalism and authoritarianism beyond this framework and will introduce “global constitutional culture” as the factual background of the global constitutionalism discourse. In doing so, this paper will seek reconceptualization of the global constitutionalism discourse in view of multidimensional aspects thereof, including liberal and emancipatory claims attributed to it.