The relationship between public law and social norms in constitutionalism ”” domestic, european, and global

Authors

Keywords:

Globalisation, State, Constitution, Public Law, Social Norms

Abstract

The globalisation process is a serious challenge for legal theory including the conception of a constitution beyond the state. The paper tries to develop the idea that globalisation is not only a process that undermines the territorial state form outside. There is an internal side to the globalisation process that disrupts the stable hierarchical structure of state law inasmuch as the dynamic of transformation of postmodern societies in particular undermines the stability of social norms that formed the infrastructure of state-based law as well as the law itself. The increasing dynamic of the self-transformation of these social norms opens a new perspective both on domestic constitutional law and on the law beyond the state.

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The article is based on a presentation given at the University of Warwick, June 27, 2014. Translated by Teo Pastor.

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Author Biography

Karl-Heinz Ladeur, University of Hamburg, Germany

Professor of Public Law at the University of Hamburg, Germany. (https://www.jura.uni-hamburg.de/die-fakultaet/personenverzeichnis/ladeur-karl-heinz.html)

Capa da Revista Direito.UnB Volume 2, Número 1

Published

2016-01-01

How to Cite

LADEUR, Karl-Heinz. The relationship between public law and social norms in constitutionalism ”” domestic, european, and global. Direito.UnB - Law Journal of the University of Brasília, [S. l.], v. 2, n. 1, p. 11–26, 2016. Disponível em: https://periodicos.unb.br/index.php/revistadedireitounb/article/view/24521. Acesso em: 23 nov. 2024.