Global Constitutionalism and Its Challenges to Westphalian Constitutional Law

Martin Belov is Chief Assistant Professor in Constitutional Law at the University of Sofia ‘St. Kliment Ohridski’, Faculty of Law, Bulgaria.

• Part I. General Constitutional Theory of Global Constitutionalism1. Global Constitutionalism and Normative Hierarchies Jean-Bernard AubyI. The Basic Problem: The Disorder Created by the Multiplication and Dispersion of Legal Producers and of Places of Production of Law in the Global SpaceII. Theories of Global Constitutionalism as Efforts to Instil some Order and Values into the Normative Disorder of Legal Globalisation III. The Problem of Normative Hierarchies in Legal Globalisation IV. Global Constitutionalism and Links between Legal Orders V. Global Constitutionalism and Normative Arrangements VI. Global Constitutionalism and Dissemination of the Rule of Law’s Fundamental Principles VII. Conclusion: Necessity and Limits of Global Constitutionalism 2. The Challenges to Westphalian Constitutional Geometry in the Age of Supranational Constitutionalism, Global Governance and Information Revolution Martin BelovI. Taking Constitutional Geometry Seriously II. Geometrical Explanatory Paradigms in Westphalian Constitutional LawIII. Post-Westphalian Challenges of Supranational Constitutionalism, Global Governance and InformationRevolution to the Constitutional Geometry of Westphalian Constitutional LawIV. Conclusion 3. Overcoming False Dichotomies: Constitutionalism and Pluralism in European and International Studies Giuseppe MartinicoI. Aims and Structure II. Constitutionalism According to Krisch III. Questioning this Reconstruction IV. Italian Constitutionalism between Resistance and Openness V. The Italian Constituent Process and its Relevance VI. External OpennessVII. Final Remarks Part II. Limits to Global Constitutionalism4. Counter-developments to Global ConstitutionalismKonrad LachmayerI. The Road Towards Constitutional Authoritarianism II. The Threats to Global Constitutionalism III. Between Societal and Civic Constitutionalism 5. Romanian Tendential Constitutionalism and the Limits of European Constitutional Culture Manuel GutanI. Failure of the European Model of Civic Constitutionalism II. The European Constitutional Convergence and the Limits of the European Constitutional Transplant III. Factors Explaining the Poor Romanian Score in Endorsing Civic Constitutionalism IV. Romanian Tendential Constitutionalism V. Conclusions Part III. Issues of European Supranational Constitutionalism6. The Limits of Sovereignty Pooling: Lessons from EuropeBalázs FeketeI. An Evergreen Problem Re-exposed II. Keohane’s Idea of Pooled Sovereignty III. Sovereignty Pooling in EU Constitutional Law IV. The Nightfall of Sovereignty Pooling in Europe? 7. EU Agencies in the Internal Market: A Constitutional Challenge for EU Law Marta SimonciniI. Introduction II. EU Agencies in the Complex Nature of the EU Integration Process III. The Constitutional Value of the Meroni Doctrine IV. The Constitutional Challenges to EU Agencies V. Final Remarks