Bulletin n. 2-3/2012
October 2012-February 2013
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Christian Joerges, Poul F. Kjaer, Tommi Ralli
    A New Tipe of Conflicts Law as Constitutional Form in the Postnational Constellation
    in Transnational Legal Theory , vol. 2, issue 2 ,  2011 ,  153-165
    The 'conflicts law approach' reconstructs the potential of primarily, but not exclusively, European law to address the threat to democracy that is posed by the concern that citizens would increasingly be subject to the effects of laws which they themselves had not authored. This structural democratic deficit calls for consideration of 'foreign' demands. It also calls for cooperation and mutual respect between political constituencies. The normative basis for understanding conflicts law as a constitutional form with democratically grounded validity claims stems from the proposition that states must acknowledge or establish a law that provides a forum for foreign demands and manifests deference through transnational rules. The approach sets out to examine three types of conflict constellations—horizontal, vertical and diagonal legal conflicts—and three types of law-mediated responses, layered as the scheme of a 'three-dimensional conflicts law'.
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