The Emergence of Transnational Constitutionalism: Its Features, Challenges and Solutions

Jiunn Rong Yeh, Wen-Chen Chang

Research output: Contribution to journalArticlepeer-review

Abstract

Globalization and regional remapping have made unprecedented challenges to traditional understandings of constitutional and international laws. Not only constitutions may function across national borders but also international treaties and regional cooperative frameworks may deliver constitutional or quasi-constitutional functions. This paper aims at theorizing recent developments of transnational constitutionalism by examining its features, functions and characteristics. We find that transnational constitutionalism features transnational constitutional arrangements, transnational judicial dialogues and global convergence of national constitutions. Notwithstanding main functions in facilitating a global market, the development of transnational constitutionalism nevertheless undermines accountability, democracy and rule of law at both domestic and transnational levels. However, this paper proposes both domestic and transnational institutional checks and balances as solutions. It argues for a complex of domestic and transnational institutional interactions as functional checks and balances with transnational constitutionalism.
Original languageEnglish
Pages (from-to)89-124
Number of pages36
JournalPenn State International Law Review
Volume27
Issue number1
StatePublished - Sep 2008

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