Quod Omnes Tangit: Transnational Constitutions Without Democracy?

Journal of Law and Society 2018

19 Pages Posted: 8 Jan 2018

See all articles by Gunther Teubner

Gunther Teubner

Johann Wolfgang Goethe Universität

Multiple version iconThere are 3 versions of this paper

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

Teubner, Gunther, Quod Omnes Tangit: Transnational Constitutions Without Democracy? (December 14, 2017). Journal of Law and Society 2018, Available at SSRN: https://ssrn.com/abstract=3094088 or http://dx.doi.org/10.2139/ssrn.3094088

Gunther Teubner (Contact Author)

Johann Wolfgang Goethe Universität ( email )

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