"The Globalization of State Constitutions, Chapter 10"

Michigan Law Authors
Publish Date
2007
Publication
New Perspectives on the Divide Between National and International Law
Publication Type
Book Chapter
Abstract

This chapter examines the effects of globalization on State constitutions. It suggests that consistent interpretation and a readiness to ascribe less importance to the formal origin of norms could overcome hierarchical thinking and would improve global constitutional governance. The chapter then describes the globalization of core constitutional principles. It shows how global governance affects and even undermines basic principles such as the rule of law, democracy, social security, and territorial organization. It analyses how State constitutions are further adapted to globalization in substance, both by way of amendments and through dynamic interpretation. Finally, the chapter concludes with the suggestion that constitutionalist thinking could be extended, with due caution, to world order.

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