Law and Constitutionalism in the Mirror of Non-Governmental Standards: Comments on Harm Schepel

Errol Meidinger

12/02/2008
(Original Publish Date: 2/2/2004)

We live in constitutionally perplexing times. A global order is emerging both around us and through us. Many key rules of this order emanate from organisations which are neither encompassed nor controlled by nation states. Their strength stems not from armies but from diffuse types of authority that we struggle to understand. Received conceptions of law and constitutionalism, with their focus on structuring state lawmaking and limiting state powers, are thus of limited use. How are we to comprehend this emergent global order? More particularly, how are we to comprehend law and constitutionalism in this order?