ABSTRACT

In the current globalization debate the law appears to be dependent upon economic and political developments that move into a new dimension of de-politicization, de-centralization and de-individualization. In the global private regimes where the typical combination of organized social norm-making and spontaneous processes of law-making occurs, the norm production is decentralized to a multiplicity of political and private actors without it being possible to make out any clear decision-taking centre. Ultimately, the selectivity of rule-making changes by comparison with the traditional political positivization of law. A political constitution, formed in the history of the nation states as a linkage between politics and law and at the same time claiming to govern law's relations to other social sectors, is not present at global level. Instead, as it were there naturally emerges a multiplicity of subconstitutions, linkages of global law to other global subsystems, that to date have escaped constitutional governance dominated by politics.