From the Charter of Fundamental Rights to the Crisis, the State of the Art
As Europe struggles with the most profound economic and social crises in recent history, what happens to the promises of freedom, democracy, equality and respect for the inviolable and inalienable rights of the human person proclaimed in the Preamble of the Treaty on European Union? How does the European Union intend to demonstrate its commitment to fundamental social rights at a time of widespread deregulation and an increasingly precarious labour market? How can we further enhance the democratic and efficient functioning of European institutions when there is a growing distance between citizens and political elites?
This publication is based on papers given at the international conference «Citizenship and Solidarity in the European Union – from the Charter of Fundamental Rights to the Crisis: The State of the Art», which took place in the School of Law at the University of Minho, Portugal, in May 2012. The line-up of contributors includes scholars from southern and northern Europe and Brazil, and together the papers constitute a lively and productive debate about the future of Europe.
Transconstitutionalism. Brief Considerations with Special Reference to Latin America (Marcelo Neves)
← 264 | 265 →Transconstitutionalism
Universidade de Brasília
What I am not discussing is international, transnational, supranational, national, or local constitutionalism. The concept of transconstitutionalism points precisely to the development of legal problems that cut across the various different types of legal order. A transconstitutional problem entails an issue that may involve national, international, supranational, and transnational courts or arbitration tribunals, as well as native local legal institutions, in the search for a solution.
In the first section the central topic is addressed more directly with a discussion of the diversity of transconstituionalism between legal orders.
The second section looks at transconstitutionalism not just between two legal orders (of the same or different types), but also among several legal orders in a multi-centric world system characterized by entangled hierarchies.
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