| Popis: |
TRANSNATIONAL CONSTITUTIONAL IDENTITIES IN A GLOBAL WORLD. TOWARDS A REALIST AND CRITICAL PERSPECTIVE OF ANALYSIS The chapter presents a conception of analysis of constitutional identities derived from studies on social institutions. It builds upon existing conceptions of constitutional identity (as reconstructed from legal text and discourse surrounding the constitution) and a hypothesis of a possibility of forming a transnational constitutional identity. The chapter assesses limitations these conceptions may face due to the complexity of global power structures, as well as problems of value pluralism and cultural diversity. A realist and critical perspective of study is proposed, understood as a conceptual and empirical analysis of relations between discrete communities and adequate institutional norms of a constitutional nature (both state-derived and not). |
