Can the Constitution do away with nation state?

ENConstitution today is seen as a tool in the attempt to do away with the nation state and nationalism in Europe. Modern constitutions historically came into being as a tool to safeguard the political form of the nation state. According to the contemporary widespread belief, national patriotism has to give way to constitutional patriotism. The historical experience of the states of Central and Eastern Europe reveals that the adherents of constitutional patriotism have an erroneous conception of the nation state. The nation state is more than just a political form or a legal system. National states are inseparable from their unique national cultures. In Central and Eastern Europe states were established by various nations primarily to safeguard the existence of a concrete nation. The most important political task was understood as being the preservation of the nation. The preservation of the nation and the establishment of a sound political order are two closely interrelated tasks, however, there is an important difference. Even when the nation state loses its statehood it is capable of preserving its own cultural identity. The advocates of constitutional patriotism do not notice that their understanding of constitution is foreign to the experience of Central and Eastern European nations. The cultural constitution in the region is seen as being more important than the political constitution. This reminds us that political traditions and experiences continue to shape the understanding of the essence and function of the constitution. The aim of this essay is to prove that the nation state is more than just a political form which can be replaced by a new political form based on the ideas of constitutional patriotism. The traditions of constitutionalism in Central and Eastern Europe reveal that constitution in the region is seen as being subordinated to the nation and not vice versa.