Journal Article

Rethinking constitutional ordering in an era of legal and ideological pluralism

Michel Rosenfeld

in International Journal of Constitutional Law

Published on behalf of The New York University School of Law

Volume 6, issue 3-4, pages 415-455
Published in print January 2008 | ISSN: 1474-2640
Published online January 2008 | e-ISSN: 1474-2659 | DOI: http://dx.doi.org/10.1093/icon/mon023
Rethinking constitutional ordering in an era of legal and ideological pluralism

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We live in an increasingly pluralistic legal and ideological universe. Nation-state legal regimes are currently supplemented by numerous transnational and global orders that defy any workable hierarchy or cogent unity. As a consequence, the various applicable legal regimes are often inconsistent with one another and even, at times, mutually contradictory. This problem is compounded by the proliferation of competing ideologies and by the increasing rifts among them. This makes it seemingly impossible to reconcile all the legal norms to which one is subject or to harmonize the prevailing plurality of legal regimes within the confines of a commonly shared ideology. Based on an analysis of contemporary legal and philosophical pluralism and of the convergences among the two, the article argues that it is possible to reconcile legal and ideological pluralism by abandoning hierarchy and countenancing inconsistencies falling short of incompatibilities in a highly layered and segmented legal universe.

Journal Article.  18822 words. 

Subjects: Constitutional and Administrative Law ; UK Politics

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