Constitutional Pluralism, a Recent Trend in International Constitutional Law: European Origins and the Third World Concerns

Abstract

The growing body of literature dealing with the concept of constitutionalism is a reflection of a novel phenomenon observable in the rapid rise of transnational bodies, the expansion of the ambit of international law, and an increased obligation on the part of states to abide by international law and the decisions of transnational bodies. This development, which moves beyond the Westphalian model of ultimate state sovereignty in the international sphere, is exhibited in the cumulative coinage and use of transnational terminology like ‘world order’, ‘global governance’, ‘global administrative law’, and not least, ‘globalisation’. In order to avoid chaos in terms of understanding this complex development, it is crucial to set out how the relationships and interactions operate at supranational levels. The constitutional perspective provides a cogent understanding and deep insight into the working of this development.