Global Constitutionalism - A Critical View

Jaakko Husa 

University of Lapland - Faculty of Law

December 1, 2016

Maastricht European Private Law Institute Working Paper No. 2016/11 

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.

Number of Pages in PDF File: 19

Keywords: Constitutionalism, Global Law, Globalization, Comparative Law

Full text available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2885490