Edited by Anthony F. Lang and Antje Wiener
Chapter 6: Modern historical antecedents of global constitutionalism in theoretical perspective
Modern constitutionalism is grounded in the ideal of the Enlightenment combining the rule of reason with equal liberty for all. From a theoretical standpoint, constitutionalism revolves around three major strands that have not been easy to reconcile: a positivist strand; a contractarian strand; and an identitarian strand. At the national level, a sufficient confluence between these three strands is achievable and the hierarchy and unity of the constitutional order guaranteed. At the global and transnational level, however, several challenges arise, as the positivist and identitarian dimensions become much more problematic. Nevertheless, with appropriate adjustments, global constitutionalism looms as entirely plausible.
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