Somewhat counterintuitively, constitutional scholarship can be like writing fantasy novels. Within certain parameters, constitutional scholars can create their own expanded universe, proposing new constitutional realities and offering audacious suggestions for constitutional reform. But like fantasy writing, constitutional reasoning can become fantastical if the plot twists are too death-defying and the ground rules of the fantasy world broken too often. And just as fantasy fans might at that point say, “enough is enough, this is no longer true to the original story”, constitutional scholars should do the same.
van den Brink, M.; Dawson, M.: The European Union’s Fantastical Constitution: A Response to von Bogdandy and Spieker, VerfBlog, 2025/6/27. DOI: 10.59704/683c73f664fc9a0b.