ABSTRACT
This chapter attempts to rectify some of the defects and to foreground the notion of sovereignty in the analysis of the transformation of the rule of law wrought by globalization. It argues that the most significant changes in legal institutions and the rule of law are best viewed in terms of the transformation of sovereignty rather than its decline. An important element of this transformation of sovereignty is the transition from political constitutionalism to a kind of economic constitutionalism. The republican emphasis on developing the individual capacity for contestation yields a more promising and attractive democratic alternative to the forms of economic constitutionalism that represent the dominant paradigm of the emerging complex sovereignty of the global legal order. An equally important aspect of the transformation of the form of sovereignty is the blurring of the divide between the domestic and the international.
