How Global Is Global Constitutionalism?

Abstract

This paper is a comment on Kai Möller, The Global Model of Constitutional Rights (Oxford University Press 2012). In his book, Möller aims to develop a theory of rights which could explain the main features of what he calls the "global model of constitutional rights." These main features are: rights inflation, positive obligations and socio-economic rights, horizontal effects, and balancing and proportionality. Möller's theory is substantive, reconstructive and general, in contrast to formal, normative or particular theories. In this paper, I focus on the first two characteristics and attempt to analyse whether (1) his reconstructive theory can be substantive, and whether (2) his substantive theory can be global. Additionally, since the proportionality test is a central feature of Möller's global model, I will also analyse one specific element of his account of this test.

Keywords: global constitutionalism, proportionality, balancing, autonomy

JEL Classification: K00