Modern constitutionalism is showing clear signs of obsolescence. The modernist form of state-centric, uniform constitutionalism is increasingly out of touch with societal and (post-)national developments. National constitutional orders are rivalled by supranational (quasi-)constitutional developments, sub-national constitutionalization, as well as an internal plurality of legal systems. The paper explores the radical transformation of modern constitutionalism in post-Westphalian Europe. Existing research overwhelmingly focuses on two aspects: 1. The classification of new forms of constitutionalism beyond and below the state; and, 2. The relation between national constitutions and European law. In contrast, this paper will analyse the wider complexity of constitutional metamorphosis – in terms of both tangible legal change and shifts in perception - for national constitutionalism itself. What is more, it asks the pertinent question of whether similar challenges are confronted differently in national constitutional repertoires and how this is so. The analysis focuses on the metamorphosis of constitutionalism from both a formal-legal and a social-political perspective. The main foci are national constitutional repertoires, trajectories of constitutional change, and the normative plurality of constitutional discourses and critique. The paper proceeds, first, by a conceptualization and analysis of the functional dimensions of existing constitutions as well as the identification of trajectories of change. Second, formal-legal and contextual analysis is undertaken through a socio-legal interpretative engagement with constitutional critique and justification as expressed by significant legal and political actors, and by legal experts.
