45 Pages Posted: 11 Feb 2011 Last revised: 9 Apr 2012
Date Written: February 9, 2011
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: 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