Weimar Moments II: The Past and Future of Transformative Constitutionalism
This panel series showcases a larger project tracing the evolution of the Weimar constitutional paradigm. This paradigm emerged in the early 20th century in what we call “Weimar Moments“, i.e. the making of a constitution characterized by the breakthrough of mass democracy, often under dramatic circumstances, demanding urgent responses to problems of social inequality, societal pluralism, and international peace. The ensuing constitutions typically established transformative programs addressing these issues, empowering the state or intermediate structures to these ends. This paradigm became widespread during the 20th century, thereby metabolizing the catastrophe of fascism and other experiences, until it was supplanted by neoliberal constitutionalism. However, it stands to reason whether transformative constitutionalism revived the Weimar paradigm. The current crisis of neoliberal constitutionalism provides the occasion to revisit the Weimar paradigm and explore its potential.