Transconstitutionalism

'Transconstitutiononalism' is a concept used to describe what happens to constitutional law when it is emancipated from the state, wherein can be found the origins of constitutional law. Transconstitutionalism exists partly because a multitude of new constitutions have appeared, but mainly because other legal orders ...

Interlocking Constitutions

towards an interordinal theory of national, european and UN Law

The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover ...

The concept of unity in public international Law

'Fragmentation' has become a defining metaphor of international law scholarship in the era of globalisation, albeit the subject is highly controversial among international lawyers. Some accept while others oppose the idea of fragmentation; some see it as a new development, others as history repeating itself ...

The payment order of Antiquity and the Middle Ages

a legal history

Examining the legal history of the order to pay money initiating a funds transfer, the author tracks basic principles of modern law to those that governed the payment order of Antiquity and the Middle Ages. Exploring the legal nature of the payment order and its ...

Rough consensus and running Code

a theory of transnational private Law

Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and ...