Comparative, Global and Transnational Constitutionalism: The Emergence of a Transnational Legal-Pluralist Order

35 Pages Posted: 26 Oct 2011

See all articles by Peer C. Zumbansen

Peer C. Zumbansen

McGill University, Faculty of Law; King's College London - The Dickson Poon School of Law

Date Written: October 25, 2011

Abstract

Comparative lawyers have for more than one-hundred years sought to increase the understanding of 'foreign' legal orders and regulatory systems. Despite some never fully resolved methodological questions, great advances have been made in the comparative study of different regulatory areas both in 'private' (contract, tort, corporate, labour) and 'public' law (administrative law, environmental law). Comparative constitutional law [CCL] has emerged as a field with particular significance. Born in the context of a politically extremely divided world after the Second World War, CCL has undergone tremendous change in an economically fast-integrating world since the late 1980s. The distinction between 'liberal' and 'socialist' constitutional orders that characterized early monographical treatments of the subjects has since given way to a very incoherent landscape of varieties of constitutionalism, with enormous consequences for the task of comparative constitutional law. Rather than being able to set side-by-side distinct doctrinal instruments or legal principles that can be associated with a particular constitutional system, the emerging transnational legal-pluralist order demands a methodologically radically opened and methodologically interdisciplinary approach to capture the dynamics of constitutionalization, which characterize today's processes of public-private norm creation and diffusion.

Keywords: Comparative Law, Comparative Constitutionalism, Legal Pluralism, Global Governance, Transnational Law

Suggested Citation

Zumbansen, Peer C., Comparative, Global and Transnational Constitutionalism: The Emergence of a Transnational Legal-Pluralist Order (October 25, 2011). Osgoode CLPE Research Paper No. 24/2011, Available at SSRN: https://ssrn.com/abstract=1949320 or http://dx.doi.org/10.2139/ssrn.1949320

Peer C. Zumbansen (Contact Author)

McGill University, Faculty of Law ( email )

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HOME PAGE: http://https://www.mcgill.ca/law/

King's College London - The Dickson Poon School of Law ( email )

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London, WC2R 2LS
United Kingdom

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