Transnational Normative Orders: The Constitutionalism of Intra- and Trans-Normative Law

17.12.2013
Transnational Normative Orders: The Constitutionalism of Intra- and Trans-Normative Law Poul F. Kjaer Abstract No weakening but rather an expansion of statehood can be observed in the contemporary world. This does, on the other hand, not imply that extensive forms of constitutional ordering do not exists outside the realm of states. Instead the evolution of world society has been characterized by a protracted dual movement where the expansion and densification of statehood and autonomous forms of transnational ordering gradually emerged in a mutually constitutive fashion. One implication of this is that neither the concept of the state nor the concept of non-state transnational entities is adequately capable of delineating the object of constitutional analysis. Instead the concept of normative orders is introduced as an overarching category capable of identifying the contexts within which constitutional ordering emerges. The insights developed are briefly illustrated by the case of the global Fairtrade Certification System. Poul F. Kjær (2013) Transnational Normative Orders: The Constitutionalism of Intra- and Trans-Normative Law, Indiana Journal of Global Legal Studies, Vol. 20, No. 2, 777 – 803.


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