Hybrid Governance Across National Jurisdictions as a Challenge to Constitutional Law

A technology often reaches perfection when its successor is already in place. Miraculously speedy and reliable punch card readers were finally available on the market when demand shifted to personal computers, to cite only one example. Do constitutions follow the same evolutionary pattern? Constitut...

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Bibliographic Details
Published in:European business organization law review 2001-09, Vol.2 (3-4), p.569-583
Main Author: Engel, Christoph
Format: Article
Language:English
Subjects:
Business studies
Constitutional law
Freedom
Governance
Governmental reform
International governance
International law
Law
Legal aspects
Legal studies
Organization theory
Taxonomy
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Summary:A technology often reaches perfection when its successor is already in place. Miraculously speedy and reliable punch card readers were finally available on the market when demand shifted to personal computers, to cite only one example. Do constitutions follow the same evolutionary pattern? Constitutional law, in general, and the doctrine of fundamental freedoms, in particular, are in admirable shape. Their dogmatics have been amply tested; they are elegant and rich. But they have been developed for the nation state. Yet governance reality is increasingly different. The state is competing with foreign, international and private governing authorities, or it is joining them in hybrid efforts. Will deconstitutionalisation ensue? Or will the existing constitutions be able to face, or even alter, the new reality?
ISSN:1566-7529
1741-6205
DOI:10.1017/S1566752900000604