O sentido do político na concepção do transconstitucionalismo: Perspectiva sociológica

Translated title of the contribution: The Sense of Policy in Designing Transconstitutionalism: A Sociological Perspective

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    The question whether constitutions exists orcan exist at all beyond the state has been a central themeof academic dispute in the last decades. This contributiondeparts from the historical insight that extensive forms ofordering possessing constitutional qualities always haveexisted beneath, beside and above the state. In the lastdecades the debate on constitutionalism beyond the statehas however unfolded in two separate discourses: Onewhich focuses on public international organizations andanother which focuses on private structures. The former ismainly driven by political scientists and public lawyers andis characterized by an attempt to rework nation stateconcepts of the political in order to make themcompatible with transnational developments. The latter is,on the other hand, systematically downplaying thepolitical dimension of transnational structures. In order tobridge this gap a number of key dimensions of a specifictransnational concept of the political is being fleshed out.
    Translated title of the contributionThe Sense of Policy in Designing Transconstitutionalism: A Sociological Perspective
    Original languagePortuguese
    JournalRevista Brasileira de Sociologia do Direito
    Issue number3
    Pages (from-to)30-69
    Number of pages40
    Publication statusPublished - 2019


    • Constitutionalism
    • Global law
    • Transparency
    • Accountability
    • World society

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