Constitutional Geometry and post-Westphalian Constitutionalism

Prof. Dr. Martin Belov will present the transition from Westphalian to post-Westphalian constitutionalism in the light of the concept of constitutional geometry. The lecture will be structured in three parts. Prof. Belov will first briefly present his theory of constitutional geometry. Then, he will analyze the constitutional geometry of modern or Westphalian constitutional law. Finally, prof. Belov will outline the transition from Westphalian to post-Westphalian constitutional law at the beginning of the XXI century through the prism of constitutional geometry.

Constitutional geometry is new analytical paradigm of constitutional semiotics. It is paradigm which tries to detect, analyze, deconstruct and explain the different shapes and forms used as explanatory and ordering schemes by the constitution and the constitutional law. Constitutional geometry is powerful analytical tool which allows the scientists to expose the conceptual meaning of hierarchies, triangles, circles, networks and other geometrical forms used as metaphors for power constellations, systems of domestic or international, vertical or horizontal inter-institutional relations and normative relations between the elements of the legal order. Thus, constitutional geometry is both explanatory paradigm which can be used independently or in parallel to institutional, socio-legal or positivist legal analysis and ordering scheme of the constitutional institutions and the constitutional order.

The main thesis of the presentation is that we are currently undergoing massive constitutional shift from Westphalian to post-Westphalian constitutionalism produced by three main phenomena: globalization, information revolution and mobility revolution. It triggers profound changes in constitutionalism which are not just functional and political, but have structural dimension challenging the concepts of modern constitutional law and rearranging its constitutional geometry comprising both ordering and explanatory schemes for constitutional institutions and phenomena. Global constitutionalism, crisis of sovereignty and territoriality, dysfunctionality of hierarchy as structuring device for the constitutional order in the context of constitutional pluralism are just some of the manifestation of this transition. In that context, prof. Belov will put special emphasis on the challenges of the network and the circle as key elements of post-Westphalian constitutional geometry to the hierarchy and the pyramid as traditional and central ordering and explanatory schemes in constitutional law and constitutional politics from early Modernity until the beginning of the XXI century.

The lecture will be paralleled by presentation of the book ‘Global Constitutionalism and Its Challenges to Westphalian Constitutional Law’, edited by prof. Martin Belov and published by ‘Hart’ publishing in 2018 as part of the European Academy of Legal Theory series.