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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
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Transconstitutionalism (Hardcover, New)
Loot Price: R3,184
Discovery Miles 31 840
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Transconstitutionalism (Hardcover, New)
Series: Hart Monographs in Transnational and International Law
Expected to ship within 10 - 15 working days
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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.
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