Transnational Constitutionality
The basic rules guiding decision-making are traditionally laid down in constitutions. In today’s rapidly globalising world, instruments which have governed society and its public institutions for centuries have come under pressure.
Governments find themselves dealing with complex international problems that require at least partially a global response. The environment for making effective decisions is made more complicated by the growing importance of globally operating private actors. Without their backing, a common approach to, e.g., improve financial regulation or combat climate change, is bound to fail.
The playing field for tackling such global problems is undergoing tremendous change. As the nature of relevant actors changes, states and other stakeholders have to find new ways of creating effective regulation.
In the absence of an agreed structure for new global decision-making, the future of global law and governance is in doubt. HiiL research in this field aims to think ahead of the curve and suggest methods for solving global problems today and tomorrow.
What elements do we see emerging as the new global rules of the game? Which essential items for a new transnational concept of constitutionality are emerging? How can we make sure global actors are held accountable for their actions in an increasingly diffuse world?
Research Projects
See also
Contact Information
Morly Frishman | Research and Programme Officer
+31 70 349 4409 | morly.frishman@hiil.org
'In this theme we explore the frontiers of legal research. Within the ‘Informal International Law Making’ project, we examine what areas of life are affected by these activities; who are the participating actors, and what types of norms do they produce? Are these activities and the rules thus created subject to democratic and judicial review, or are they constructed beyond the reach of parliaments and courts? In effect, we seek to chart how effective law and governance for the 21st century can be organised, while upholding the principles of democracy, accountability and legitimacy. This HiiL project will no doubt contribute to our thinking of the future of law and regulation.' Morly Frishman