Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

A Regulatory Approach to Global Constitutional Analysis

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter builds on discourse-centered and actor-centered approaches in global constitutional analysis and suggests a complementary approach that is effect-centered and relies on the idea that constitutional law, too, can be usefully viewed as 'regulation'. A regulatory approach to constitutional analysis may be one useful strategy to cast the net wider so as to include de facto exercises of public power. In general it emphasizes the objective of shaping socially valued behaviour through standard setting and monitoring and the analytical separation of 'problem definitions', 'objectives' and 'instruments'. The regulatory approach replaces the famous paradox that constitutional law is deemed inadequate yet vital with a new one. Although constitutionalism is primarily a commitment to restrain the exercise of public power, one must be prepared to abandon the archetypical form of restraint, namely hierarchical mechanisms, in favor of heterarchical mechanisms.

Keywords: actor-centered approaches; constitutional law; constitutionalism; global constitutional analysis; public power; regulatory approach

10.1163/9789004260955_022
/content/books/b9789004260955s022
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Reflections on Global Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation