Globalisation, multilevel governance and democratic principle

ISSN： 2050-103X

Source： International Journal of Human Rights and Constitutional Studies, Vol.1, Iss.2, 2013-08, pp. : 153-161

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Abstract

Globalisation entails a dispersion of competences away from the state in both vertical (transfer of sovereign functions) and horizontal directions (involvement of private actors). Thus, the traditional Kelsenian legal universe is gradually transformed to a non-Euclidean 'multiverse' system where traditional constitutionalism is evolving to 'multilevel constitutionalism'. This term defines the progressive establishment of a supranational level of public authority based on constitutions and norms of international law, such as the European Community Law or the European Convention on Human Rights. In this framework, national and supranational constitutional authorities can be understood as complementary elements in a dynamic system. This new space creates its own administrative law, setting new questions and problems regarding the democratic character and legitimacy of its norms. The paper examines the possibilities for democratisation of transnational institutions beyond the state.