The Concept of the Political in the Concept of Transnational Constitutionalism: A Sociological Perspective

AFTER GLOBALIZATION - NEW PATTERNS OF CONFLICT AND THEIR SOCIOLOGICAL AND LEGAL RECONSTRUCTION, pp. 285 - 321, Christian Jorges & Tommi Ralli, eds., Oslo: Arena Report Series, 2011

32 Pages Posted: 23 Jun 2011 Last revised: 19 Jan 2012

Date Written: June 22, 2011

Abstract

The question whether constitutions exists or can exist at all beyond the state has been a central theme of academic dispute in the last decades. This contribution departs from the historical insight that extensive forms of ordering possessing constitutional qualities always have existed beneath, beside and above the state. In the last decades the debate on constitutionalism beyond the state has however unfolded in two separate discourses: One which focuses on public international organizations and another which focuses on private structures. The former is mainly driven by political scientists and public lawyers and is characterized by an attempt to rework nation state concepts of the political in order to make them compatible with transnational developments. The latter is, on the other hand, systematically downplaying the political dimension of transnational structures. In order to bridge this gap a number of key dimensions of a specific transnational concept of the political is being fleshed out.

Keywords: Constitutionalism, constitution, constitutionalization, trans-national law, global law, world law, international organizations, private law, public law, concept of the political, Kjaer, Joerges, Teubner, transparency, accountability, public sphere, representation, world society, Amstutz

Suggested Citation

Kjaer, Poul F., The Concept of the Political in the Concept of Transnational Constitutionalism: A Sociological Perspective (June 22, 2011). AFTER GLOBALIZATION - NEW PATTERNS OF CONFLICT AND THEIR SOCIOLOGICAL AND LEGAL RECONSTRUCTION, pp. 285 - 321, Christian Jorges & Tommi Ralli, eds., Oslo: Arena Report Series, 2011 . Available at SSRN: https://ssrn.com/abstract=1870003

Poul F. Kjaer (Contact Author)

Copenhagen Business School ( email )

Solbjerg Plads 3
Frederiksberg C, DK - 2000
Denmark

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