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​This volume suggests a drastically different concept of a ‘constitution’ from that with which we are familiar: a constitution, it shows us, should no longer be seen as a monistic normative phenomenon of higher legal rules, but rather as a dualistic normative arrangement, one that connects otherwise epistemically incompatible processes, i.e., the development of constitutional forms and the history of constitutional ideas. This conceptualization destroys the traditional unity of the constitution – be it the political unity of Carl Schmitt or its legal unity à la Hans Kelsen – and dissolves constitutionalism into the tension-ridden duality of two diverse and often contradictory autonomous evolutionary processes.

Constitutional Drift: Spontaneous Co-evolution of Social “Ideas” and Legal “Form”