IDEAS home Printed from https://ideas.repec.org/p/erp/reconx/p0063.html
   My bibliography  Save this paper

The idea of a three-dimensional conflicts law as constitutional form

Author

Listed:
  • Christian Joerges

Abstract

'Constitutionalisation' is the key concept in the search for legitimate governance in the European Union and in the international system. This paper suggests revitalising of a discipline which is widely neglected in European law and international law scholarship. It does not, however, recommend a return to the conflict of laws (private international law) in the traditional sense. The new type of conflicts law which it advocates is not concerned with selecting the proper legal system in cases with connections to various jurisdictions. This conflicts law is conceptualised as a response to the increasing inter-dependence of formerly more autonomous legal orders and to the democracy failure of constitutional states which result from the external effects of their laws andlegal decisions on foreign systems and on their citizens who cannot understand themselves as their authors. European law has a vocation and many means both to compensate for the democracy failures of member states and to build upon this potential in its constitutionalisation. The conflicts law approach also provides new, albeit more restrained, perspectives at international level. WTO law is used to explored and document its constitutional perspectives.The conflicts law approach is differentiated into three dimensions. With this differentiated fabric, the approach responds to transformation processes which have affected contemporary law at all levels of governance after the rise of regulatory politics and the turn to governance. In its second dimension, conflicts law seeks to constitutionalise co-operative problem-solving under the lead of administrative bodies, while its third dimensions is concerned with both the recognition and the supervision of transnational governance arrangements and para-legal regimes.

Suggested Citation

  • Christian Joerges, 2010. "The idea of a three-dimensional conflicts law as constitutional form," RECON Online Working Papers Series 5, RECON.
  • Handle: RePEc:erp:reconx:p0063
    as

    Download full text from publisher

    File URL: http://www.reconproject.eu/main.php/RECON_wp_1005.pdf?fileitem=5456171
    File Function: Full text
    Download Restriction: no

    More about this item

    Keywords

    deliberative democracy; economic law; Europeanization; multilevel governance; private international law; rule of law; social regulation; supranationalism; WTO;

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:erp:reconx:p0063. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Marit Eldholm). General contact details of provider: http://www.reconproject.eu .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.