Disparity and Conflict: Envisioning Postnational Peace in the Shadow of Constitutional Expansionism
32 Pages Posted: 5 Apr 2014 Last revised: 4 Mar 2015
Date Written: April 4, 2014
One aspect of the EU experience especially has caught the eyes of scholars of global governance: the way in which its nation states interact with each other reveals a solution to potential constitutional conflicts within postnational inter-regime relations. This paper provides critical reflections on this optimistic projection of the EU experience onto the world order. I argue that the EU’s development as a constitutionalized transnational administration has proceeded side by side with an expansionist vision of the EU constitutional order. In view of this tendency toward a constitutional expansionism accompanying the EU’s constitutionalization, the new world order, in which individual legal regimes are presumed to be following the EU on the path toward constitutionalization, may move in the direction of inter-regime constitutional conflict. In conceiving inter-regime relations in the postnational world, we need to take account of the disparity in the extent of constitutionalization between individual constitutional orders.
Keywords: constitutional expansionism, constitutional conflict, asymmetrical constitutionalization, institutional disparity, judicial dialogue, constitutional tolerance, constitutional comity, postnational inter-regime relations, global governance, Kadi case
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