Academic

Halberstam on Global Governance, Institutional Pluralism, & Constitutional Law

By Lawrence Solum

Daniel Halberstam (University of Michigan Law School) has posted Systems Pluralism and Institutional Pluralism in Constitutional Law: Rethinking National, Supranational, and Global Governance on SSRN. Here is the abstract:

This essay responds to the challenge of global governance by rethinking our traditional understanding of constitutional law as the consolidation and settlement of authority. The essay teases out the various ways in which the practice of constitutionalism is open to claims from outside the system and lacks ordering through hierarchy within. Understanding these elements of openness yields a more accurate picture of the practice of constitutional law. It also suggests a pluralist practice that is more true to the ideals of constitutionalism than the traditional model of consolidation and hierarchy itself.

Full post as published by Legal Theory Blog on February 15, 2011 (boomark / email).