Flexibility Within a Metaconstitutional Frame

📖 The Scoop

Rather, metaconstitutional law, notwithstanding the often competing claims made on behalf of the state through its traditional constitutional discourse and representations of sovereignty, always claims a higher or deeper normative authority, purporting variously to authorise, instruct, influence, supplement or supplant state law. Metaconstitutional law comes in many forms, including, in its most developed forms, the m̀eta-state' law of the EU itself, and, at the m̀eta-meta' level, the legal relationships between states and meta-states, and between these and the other emergent polities - Schengen, Euroland, Council of Europe, GATT/WTO etc., - associated with the new pattern of flexibility and multi-dimensionality in public law. The paper concludes by examining the spectrum of possible relationships between different constitutional and metaconstitutional sites and addressing how the legitimacy of public law might be sustained or recovered within this rapidly changing configuration of authority.

Genre: No Category (fancy, right?)