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Earlier versions of this article were presented at a conference at the Berlin Institute for Advanced Study, at an in‐house faculty workshop at the University of Iowa and as part of the International Legal Theory Colloquium at New York University Law School. I owe a debt of gratitude to colleagues who provided me with critical feedback, in particular to Arthur Bonfield, Armin von Bogdandy, Ann Estin, Herbert Hovenkamp, Benedict Kingsbury, Mattias Kumm, Todd E. Pettys and Joseph Weiler. I should also like to acknowledge how much I benefited from having been part of a group of ‘constitutionalists’ that was resident at the Berlin Institute during the academic year of 2007/08. Attending a weekly conversation with Petra Dobner, Dieter Grimm, Bogdan Iancu, Martin Loughlin, Fritz W. Scharpf, Gunther Teubner and Rainer Wahl has been highly conducive to the clarification of my constitutional ideas.
