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De-constitutionalising Latin America: particularism and universalism in a constitutional perspective
DOI link for De-constitutionalising Latin America: particularism and universalism in a constitutional perspective
De-constitutionalising Latin America: particularism and universalism in a constitutional perspective book
De-constitutionalising Latin America: particularism and universalism in a constitutional perspective
DOI link for De-constitutionalising Latin America: particularism and universalism in a constitutional perspective
De-constitutionalising Latin America: particularism and universalism in a constitutional perspective book
ABSTRACT
Introduction The tension in transnational constitutional theory between emerging constitutional orders in social systems and national constitutions is well-known (Teubner 2012, Neves 2013, Kjaer 2014). The dogmatic unity of domestic political constitutions, the hierarchy of norms and courts and the politicisation of conflicts in terms of local interests contrast with a rather weak institutionalisation of transnational norms, with the decentralised functioning of (mostly arbitral) courts and with the mainly technical character of conflicts in the transnational arena. The consequence is multiple collisions between transnational normative orders and domestic political imperatives in which state interests meet private actors in fields such as commerce, finance, sports and the Internet.