Transconstitutionalism Marcelo Neves ; translated by Kevin Mundy.

Format:

Book

Author/Creator:

Neves, Marcelo, author.

Contributor:

Mundy, Kevin, translator.

Series:

Hart monographs in transnational and international law ; v. 10.

Hart monographs in transnational and international law v. 10

Standardized Title:

Transconstitucionalismo. English

Language:

English

Subjects (All):

Constitutional law.

International courts.

Jurisdiction (International law).

Physical Description:

1 online resource (246 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2013.

Language Note:

English

Summary:

Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. This book examines the way transconstitutionalism is evolving and how it effects legal systems. Source other than Library of Congress

Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders

Contents:

Theoretical background

From transversal constitution

to transconstitutionalism between legal orders

Transconstitutionalism in a "multilevel" or multicentric world legal system

Excursus : limits and possibilities of transconstitutionalism in terms of empirical conditions, functional requirement and normative claim

Introduction

1. Theoretical Background

I. Constitution as Metaphor?

II. The Premodern Hierarchical Social Formation

III. The Transition Period: Charters of Freedom or Political Settlements

IV. Multicentric Modern Society

V. From Structural Couplings to Transversal Rationality

2. From Transversal Constitution . . .

I. The Constitution of Constitutionalism

II. The Transversal Constitution of the Constitutional State

III. Transversal Constitutions beyond the State?

3. . . . to Transconstitutionalism between Legal Orders

I. Transconstitutionalism between Legal Orders as a Model for Treating Constitutional Problems

II. Transconstitutionalism between International Public Law and State Law

III. Transconstitutionalism between Supranational Law and State Law

IV. Transconstitutionalism between State Legal Orders

V. Transconstitutionalism between State and Transnational Legal Orders

VI. Transconstitutionalism between State Legal Orders and Extra-state Local Orders

VII. Transconstitutionalism between Supranational Law and International Law

4. Transconstitutionalism in a 'Multilevel' or Multicentric World Legal System

I. Multiangle Transconstitutionalism between Orders of the Same Kind and Orders of Different Kinds

II. Pluridimensional Transconstitutionalism of Human Rights

III. Outlines of a Methodology of Transconstitutionalism

5. Excursus: Limits and Possibilities of Transconstitutionalism in Terms of Empirical Conditions, Functional Requirement and Normative Claim

I. Empirical Conditions: Transconstitutionalism versus Asymmetry of the Forms of Law

II. Functional Requirement: Beyond Constitutional Utopia and Fragmentation - Promoting a 'Differentiated Communication Order' (System Integration)

III. Normative Claim: Beyond Hegemony and Community - Promoting Inclusion ('Social Integration')

Final Comment: The Other Can See Your Blind Spot

Notes:

Portuguese edition originally published: Sao Paulo : WMF Martins Fontes, 2009

"This English edition has been revised and enlarged by the author"--Title page verso

Includes bibliographical references (pages 185-213) and index

ISBN:

9781782251255

1782251251

9781472561343

1472561341

9781782251248

1782251243

OCLC:

868960029