21 Indiana Journal of Global Legal Studies 553 (2014)
This essay addresses the ongoing debate on transnational constitutionalism and the theoretical assumptions related to the possibilities of internal politicization of transnational governance. After reconstructing the debate on the transnationalization of law and the emergence of fragmented forms of transnational governance, I engage with the description of emerging forms of constitutional law within the fragmented legal regimes of global governance. After doing that, I explore the assumption exposed by some legal scholars, which insists on the possibility of an internal politicization of legal discourse as a way to challenge the so-called "rule of experts" in transnational law. Drawing on the social-theoretical and political-philosophical formulations of Claude Lefort, I will then address what I call the social conditions of the politicization of law. My claim is that the very possibility of carrying out a certain politics of law depends on features, typical of the political constitutionalization of law, which do not seem to be present in transnational governance.
"The Politics of Law and the Laws of Politics: The Political Paradoxes of Transnational Constitutionalism,"
Indiana Journal of Global Legal Studies: Vol. 21:
2, Article 6.
Available at: https://www.repository.law.indiana.edu/ijgls/vol21/iss2/6