Capa do Livro Transconstitutionalism - Marcelo Neves

Transconstitutionalism - Marcelo Neves

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Transconstitutionalism: A New Approach to Comparative Constitutional Law

Introduction

In Transconstitutionalism, Marcelo Neves offers a new approach to comparative constitutional law that challenges the traditional focus on national constitutions. Neves argues that in an increasingly globalized world, we need to think about constitutionalism in terms of the interactions between different legal systems. He develops the concept of "transconstitutionalism" to describe these interactions and shows how they can lead to the emergence of new forms of constitutional order.

Transconstitutionalism and Comparative Constitutional Law

Traditional comparative constitutional law has focused on the study of national constitutions. This approach has been based on the assumption that national constitutions are the primary source of constitutional law and that they are largely independent of each other. However, Neves argues that this assumption is no longer valid in the globalized world.

In today's world, national constitutions are increasingly interconnected and interdependent. This is due to a number of factors, including the rise of international law, the increasing mobility of people and capital, and the growing interconnectedness of the global economy. As a result of these factors, national constitutions are no longer able to operate in isolation from each other.

The Concept of Transconstitutionalism

Neves develops the concept of "transconstitutionalism" to describe the interactions between different legal systems. He argues that transconstitutionalism is a new form of constitutionalism that is emerging in response to the challenges of globalization.

Transconstitutionalism is based on the idea that constitutional law is not limited to national constitutions. Rather, it is a broader body of law that includes international law, regional law, and the laws of subnational entities. Transconstitutionalism also recognizes that constitutional law is not static, but rather is constantly evolving in response to new challenges and opportunities.

The Implications of Transconstitutionalism

The implications of transconstitutionalism are significant for comparative constitutional law. First, transconstitutionalism challenges the traditional focus on national constitutions. It argues that we need to think about constitutionalism in terms of the interactions between different legal systems. Second, transconstitutionalism provides a new framework for understanding the evolution of constitutional law. It shows how constitutional law is constantly evolving in response to new challenges and opportunities. Third, transconstitutionalism offers a new way to think about the relationship between law and politics. It argues that law is not simply a tool of politics, but rather is a constitutive element of political order.

Conclusion

Transconstitutionalism is a major new contribution to comparative constitutional law. It offers a new approach to understanding the interactions between different legal systems and the evolution of constitutional law. Transconstitutionalism is a must-read for anyone interested in the future of constitutionalism.

Why You Should Buy This Book

Transconstitutionalism is a groundbreaking book that will change the way you think about constitutional law. It is a must-read for anyone interested in the future of law and politics.

Here are a few reasons why you should buy this book:

  • It offers a new approach to comparative constitutional law that challenges the traditional focus on national constitutions.
  • It provides a new framework for understanding the evolution of constitutional law.
  • It offers a new way to think about the relationship between law and politics.
  • It is written by one of the world's leading experts on constitutional law.

If you are interested in the future of law and politics, then you need to read Transconstitutionalism. It is a book that will challenge your assumptions and change the way you think about the world.