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Systems Pluralism and Institutional Pluralism in Constitutional Law: National, Supranational, and Global Governance

45 Pages Posted: 11 Feb 2011 Last revised: 9 Apr 2012

Daniel Halberstam

University of Michigan Law School

Date Written: February 9, 2011

Abstract

This essay responds to the challenge of global governance by rethinking our traditional understanding of constitutional law as the consolidation and settlement of authority. The essay teases out the various ways in which the practice of constitutionalism is open to claims from outside the system and lacks ordering through hierarchy within. Understanding these elements of openness yields a more accurate picture of the practice of constitutional law. It also suggests a pluralist practice that may be more true to the ideals of constitutionalism than the traditional model of consolidation and hierarchy itself.

Keywords: Global Governance, Constitutional Law, Pluralism

JEL Classification: K19

Suggested Citation

Halberstam, Daniel, Systems Pluralism and Institutional Pluralism in Constitutional Law: National, Supranational, and Global Governance (February 9, 2011). U of Michigan Public Law Working Paper No. 229. Available at SSRN: https://ssrn.com/abstract=1758907 or http://dx.doi.org/10.2139/ssrn.1758907

Daniel Halberstam (Contact Author)

University of Michigan Law School ( email )

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Ann Arbor, MI 48109-1215
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