An Integrated Theory of Constitutionalism in World Society: Beyond the Public/Private and National/Transnational Distinctions

    Research output: Contribution to conferencePaperResearchpeer-review

    Abstract

    Traditionally constitutional theory has relied on two central distinctions: The public/private and the national/transnational distinction. The societal developments of the past decades have however led to an increased erosion of these distinctions. In the academic literature, this development have both been regarded a indicating a triumph as well as a failure of constitutionalism. This article circumvents this standoff by questioning the very foundation of constitutional theory in the public/private and the national/transnational distinctions. It is argued that the object of constitutions is formal organisations as such and not the particular type of formal organisation which is associated with statehood. Thus, they can be public or private, national or transnational. On this background, a distinction is introduced between the internal setup of constitutional orders, the external strive for compatibility between orders through constitutionalisation and the idea of constitutionalism as a way of approaching the future.
    Traditionally constitutional theory has relied on two central distinctions: The public/private and the national/transnational distinction. The societal developments of the past decades have however led to an increased erosion of these distinctions. In the academic literature, this development have both been regarded a indicating a triumph as well as a failure of constitutionalism. This article circumvents this standoff by questioning the very foundation of constitutional theory in the public/private and the national/transnational distinctions. It is argued that the object of constitutions is formal organisations as such and not the particular type of formal organisation which is associated with statehood. Thus, they can be public or private, national or transnational. On this background, a distinction is introduced between the internal setup of constitutional orders, the external strive for compatibility between orders through constitutionalisation and the idea of constitutionalism as a way of approaching the future.

    Seminar

    SeminarConstitutionalism(s) post 2008
    LocationWarwick University
    CountryUnited Kingdom
    CityWarwick
    Period27/06/201427/06/2014
    Internet address

    Bibliographical note

    CBS Library does not have access to the material

    Cite this

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    title = "An Integrated Theory of Constitutionalism in World Society: Beyond the Public/Private and National/Transnational Distinctions",
    abstract = "Traditionally constitutional theory has relied on two central distinctions: The public/private and the national/transnational distinction. The societal developments of the past decades have however led to an increased erosion of these distinctions. In the academic literature, this development have both been regarded a indicating a triumph as well as a failure of constitutionalism. This article circumvents this standoff by questioning the very foundation of constitutional theory in the public/private and the national/transnational distinctions. It is argued that the object of constitutions is formal organisations as such and not the particular type of formal organisation which is associated with statehood. Thus, they can be public or private, national or transnational. On this background, a distinction is introduced between the internal setup of constitutional orders, the external strive for compatibility between orders through constitutionalisation and the idea of constitutionalism as a way of approaching the future.",
    author = "Kj{\ae}r, {Poul F.}",
    note = "CBS Library does not have access to the material; null ; Conference date: 27-06-2014 Through 27-06-2014",
    year = "2014",
    language = "English",
    url = "http://www2.warwick.ac.uk/fac/soc/law/research/events/conferences/mlr/",

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    An Integrated Theory of Constitutionalism in World Society : Beyond the Public/Private and National/Transnational Distinctions. / Kjær, Poul F.

    2014. Paper presented at Constitutionalism(s) post 2008, Warwick, United Kingdom.

    Research output: Contribution to conferencePaperResearchpeer-review

    TY - CONF

    T1 - An Integrated Theory of Constitutionalism in World Society

    T2 - Beyond the Public/Private and National/Transnational Distinctions

    AU - Kjær,Poul F.

    N1 - CBS Library does not have access to the material

    PY - 2014

    Y1 - 2014

    N2 - Traditionally constitutional theory has relied on two central distinctions: The public/private and the national/transnational distinction. The societal developments of the past decades have however led to an increased erosion of these distinctions. In the academic literature, this development have both been regarded a indicating a triumph as well as a failure of constitutionalism. This article circumvents this standoff by questioning the very foundation of constitutional theory in the public/private and the national/transnational distinctions. It is argued that the object of constitutions is formal organisations as such and not the particular type of formal organisation which is associated with statehood. Thus, they can be public or private, national or transnational. On this background, a distinction is introduced between the internal setup of constitutional orders, the external strive for compatibility between orders through constitutionalisation and the idea of constitutionalism as a way of approaching the future.

    AB - Traditionally constitutional theory has relied on two central distinctions: The public/private and the national/transnational distinction. The societal developments of the past decades have however led to an increased erosion of these distinctions. In the academic literature, this development have both been regarded a indicating a triumph as well as a failure of constitutionalism. This article circumvents this standoff by questioning the very foundation of constitutional theory in the public/private and the national/transnational distinctions. It is argued that the object of constitutions is formal organisations as such and not the particular type of formal organisation which is associated with statehood. Thus, they can be public or private, national or transnational. On this background, a distinction is introduced between the internal setup of constitutional orders, the external strive for compatibility between orders through constitutionalisation and the idea of constitutionalism as a way of approaching the future.

    M3 - Paper

    ER -