Constitutionalism in Global Constitutionalisation

by Aoife O'Donoghue

Constitutionalism offers a governance order a set of normative values including, amongst others, the rule of law, divisions of power and democratic legitimacy. These normative values regulate the relationship between constituent and constituted power holders. Such normative constitutional legal orders are commonplace in domestic systems but the global constitutionalisation debate seeks to identify a constitutional narrative beyond the state. This book considers the manner in which the global constitutionalisation debate has neglected constitutionalism within its proposals. It examines the role normative constitutionalism plays within a constitutionalisation process, and considers the use of community at both the domestic and global governance levels to identify the holders of constituent and constituted power within a constitutional order. In doing so this analysis offers an alternative narrative for global constitutionalisation based within normative constitutionalism.

• Proposes a global governance system based upon normative legal claims, which will be of interest to those examining current developments in the global legal order • Examines the role of constitutionalism beyond the state, thereby making this relevant to those working in constitutional theory • Examines the role that international community plays in the global legal order and proposes an alternative constituency model of interest to anyone researching the role of community and constituency in governance both within and beyond the state.