Description
Book SynopsisIn recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the ''private'' sectors of global society that these constitutional problems arise. It is widely accepted that there is a crisis in traditional constitutionalism caused by transnationalization and privatization. How the crisis can be overcome is one of the major controversies of modern political and constitutional theory. This book sets out an answer to that problem. It argues that the obstinate state-and-politics-centricity of traditiona
Trade Reviewsociologists of law and constitutionalism now have powerful methodological tools, a sociological conceptual framework, and invaluable sources of the new constitutional imagination which has capacity to accommodate even recent elaborations on Nietzsche's theory of command structures * Jiri Priban (Cardiff University), Journal of Law and Society *
Table of Contents1. The New Constitutional Question ; 2. Societal Constitutionalism in the Nation State ; 3. Transnational Constitutional Subjects: Regimes, Organisations, Networks ; 4. Transnational Constitutional Norms: Functions, Arenas, Processes, Structures ; 5. Transnational Constitutional Rights: Horizontal Effect ; 6. Colliding Constitutions
