Transnational Constitutional Subjects: Regimes, Organizations, Networks

Gunther Teubner

in Constitutional Fragments

Published in print March 2012 | ISBN: 9780199644674
Published online May 2012 | e-ISBN: 9780191738814 | DOI:

Series: Oxford Constitutional Theory

Transnational Constitutional Subjects: Regimes, Organizations, Networks

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Globalization means that functional differentiation, first realized historically within the nation states of Europe and North America, now encompasses the whole world. Certainly, not all subsystems have globalized simultaneously, with the same speed and intensity. Religion, science, and the economy are well-established as global systems, while politics and law still remain mainly focussed on the nation state. Due to this staggered globalization, the pressure to constitutionalize internally the globalized subsystems is all the greater as compared to their national counterpart. This chapter raises the question of which are the new constitutional subjects under conditions of globalisation. It discusses social constitutionalization by the states, the independent constitutions of global institutions, and transnational regimes as potential constitutional subjects. It raises the question whether in transnational regimes dynamics of pouvoir constituant and pouvoir constitué can be identified.

Keywords: constitutionalization; globalization; nation state; globalized subsystems; independent constitutions; global institutions; transnational regimes

Chapter.  12256 words. 

Subjects: Constitutional and Administrative Law

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