Globalisation, Crisis of Territoriality, and their Effects on the Constitutional Principles
This paper explores the effects of the globalisation and the crisis of territoriality on the main constitutional principles. The constitution is supposed to be a traditionally territorial phenomenon. The information revolution, the global fluidisation and dispersion of the demos and the territorial irresponsibility of the global financial capital as phenomena related to the territoriality crisis affect directly the constitutional axiology. They produce not just functional but also structural changes in the value core of the constitution and in the constitutional infrastructure of the territorial state and public power. The paper tries to problematise the influence of the globalisation on the constitutional infrastructure of the power and to explore whether the territoriality is still solid element of the statehood. If not, we should start looking at new concepts, paradigms, and “supportive ideologies” in order to reaffirm the capability of the constitution to serve as reliable frame for democracy, rule of law, solidarity, welfare, and identity. Such conceptual change may be fostered by the global governance paradigm.
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