Global Constitutionalism - A Critical View

19 Pages Posted: 15 Dec 2016

See all articles by Jaakko Husa

Jaakko Husa

University of Helsinki - Faculty of Law

Date Written: December 1, 2016

Abstract

Drawing on comparative law scholarship this paper discusses global constitutionalism from a critical point of view. Many contemporary authors seem to presume that the idea of constitutionalism must be universal. In agreement with this thinking the commitment to the rule of law, democracy and human rights has arguably become a defining global factor. Allegedly, constitutionalism is regarded as relevant not only in the context of States but also when we assess and interpret development of law beyond the State. This paper analyses underlying themes and calls the universality of global constitutionalism into question.

Keywords: Constitutionalism, Global Law, Globalization, Comparative Law

Suggested Citation

Husa, Jaakko, Global Constitutionalism - A Critical View (December 1, 2016). Maastricht European Private Law Institute Working Paper No. 2016/11. Available at SSRN: https://ssrn.com/abstract=2885490 or http://dx.doi.org/10.2139/ssrn.2885490

Jaakko Husa (Contact Author)

University of Helsinki - Faculty of Law ( email )

Porthania 5th Floor
P.O. Box 4
Helsinki, FIN-0001 4
Finland

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