Chapter

Fragmented Foundations

Gunther Teubner

in The Twilight of Constitutionalism?

Published in print February 2010 | ISBN: 9780199585007
Published online May 2010 | e-ISBN: 9780191723469 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199585007.003.0016

Series: Oxford Constitutional Theory

Fragmented Foundations

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This chapter, beginning from the empirical observation that transnational private actors intensively regulate entire areas of life through their own private governance regimes, seeks to reposition the main constitutional question we face today. The critical questions are raised by asking how legal theory should react to these major trends of privatisation and globalisation: how can nation-state constitutionalism be redesigned in a way that might enable constitutionalism's achievements to cope with these developments? It argues that overcoming state-centrism and accepting the polycentric form of globalisation are two sides of the same coin, and they result in the need to accept that the world of nation-state constitutionalism finds a functional equivalent in the emerging production of a global societal law.

Keywords: constitutionalism; nation-state; societal law; legal theory; privatization; globalization

Chapter.  6888 words. 

Subjects: Constitutional and Administrative Law

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