Quod Omnes Tangit: Transnational Constitutions Without Democracy?
Journal of Law and Society 2018
19 Pages Posted: 8 Jan 2018
Date Written: December 14, 2017
Is the constitutionalisation of transnational regimes accompanied by their democratization – this is a hotly disputed topic in democratic theory and in political practice. Critics invoke a time-honoured principle of democracy: The identity of authors and affected people is the universal core of democracy. However, in its long winding history, this principle had always been re-contextualized. Such a re- contextualization which requires generalization as well as respecification is needed again today under the conditions of transnationalization and functional differentiation of world society. As for generalisation the main thesis is: The democratic principle of political representation, which is the traditional concept of democracy for the nation state, needs in transnational regimes to be replaced by the principle of self- contestation. As for respecification the main thesis is: In transnational regimes, self-contestation is facing context-dependent challenges, which are quite different from those in national political systems.
Keywords: transnational constitutionalism, societal constitutionalism, transnational regimes, democratization, democratic theory, self-contestation
JEL Classification: K00, K10
Suggested Citation: Suggested Citation