Chapter

Transnational Constitutional Norms: Functions, Arenas, Processes, Structures

Gunther Teubner

in Constitutional Fragments

Published in print March 2012 | ISBN: 9780199644674
Published online May 2012 | e-ISBN: 9780191738814 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199644674.003.0004

Series: Oxford Constitutional Theory

Transnational Constitutional Norms: Functions, Arenas, Processes, Structures

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New constitutional subjects have emerged in the course of globalization: international organization, transnational regimes and networks. They are characterized by denationalization and fragmentation, a high level of autonomy, and an issue-specific orientation. This chapter discusses the quality tests that the norms of a transnational regime must pass in order to count as constitutional norms. These cover constitutional functions (constituent and limitative), constitutional arenas (the economy: consumer activism, corporate social responsibility, money creation by the central banks), constitutional processes (reflexivity of legal and social processes), and constitutional structures (the emergence of constitutional/unconstitutional as a hybrid binary meta-code).

Keywords: globalization; transnational institutions; constitutional functions; constitutional arenas; constitutional processes; constitutional structures; constitutional norms

Chapter.  20545 words. 

Subjects: Constitutional and Administrative Law

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