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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Transnational Constitutional Law

Catarina Santos Botelho

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 30 July 2021

Subject(s):
Constitutions and international law — Principles and objectives of constitutions — Comparative constitutional law — Constitutions and amendments — Foreign law — International organizations

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1 The expression ‘transnational law’ is becoming increasingly popular, despite the lack of precision that typically accompanies its evocation (Cotterrell 501). Globalization and pluralization of normative orders is challenging traditional legal mindsets, especially since they lack a global government or a formal hierarchy (Botelho (2019) 1). We now experience an ‘ad-hoc-cracy’ scenario, where power is shared between national and supranational rulers, and where global regulatory regimes that do not follow a common pattern emerge (Cassese 195). Transnational law...
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