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NCCR Publications Publications in Press Emerging Global Constitutionalism: Towards A Theoretical Framework
| Emerging Global Constitutionalism: Towards A Theoretical Framework |
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Paper prepared for the workshop on ‘Theorizing Regional Integration and Inter-Regional Relations’ at the ECPR Joint Sessions, Helsinki, May 2007. Legal scholars argue that there is an emerging ‘global compensatory constitutionalism’, which denotes a set of compatible supra-national and national institutions that fulfil functions hitherto fulfilled by national constitutions, and which was brought about by forces like globalisation and denationalisation. However, the concept of the emerging global compensatory constitutionalism is often used unclearly. It still lacks a consistent and scientifically operationaliseable definition social scientists can cope with. This paper provides a preliminary framework for the emerging global (compensatory) constitutionalism. Emanating from the nation-state setting, three fundamental constitutional elements - the formal aspect of legalisation, the material dimension bearing civil, political, social and economic effects and the time dimension allowing for a gradual emergence of a global constitutional order were identified. Following a two-step approach, I distinguish between six types of global constitutionalism: formal global constitutionalism, civil global constitutionalism, political global constitutionalism, liberal global constitutionalism, social global constitutionalism and encompassing constitutionalism. While the first three types originate from the integration of formal-legal aspects and substantive civil and political rights, the last three are subject to the negative and positive integration of economic and social rights. |
