Bulletin n. 2-3/2012 | ||
October 2012-February 2013 | ||
Gareth Davies |
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International Trade, Extraterritorial Power, and Global Constitutionalism: A Perspective from Constitutional Pluralism | ||
in German Law Journal , vol. 13, issue 11 , 2012 , 1203-1223 | ||
This Article starts from two premises. The first is that power—particularly regulatory power—is increasingly exercised across and between jurisdictions, in particular as a result of the intertwining of economies via trade. The well-being of those involved in the production and trade in goods and services is determined by rules made in multiple jurisdictions, not just their own. Concern about the environmental and social impact of economic activity is a particular reason for jurisdictions to try and impose norms upon each other. The second premise is that the essence of constitutionalism is constitutional values and principles rather than particular institutional forms. Such forms are contingent and instrumental, in the service of the values and principles. Many of those constitutional values and principles are concerned with the exercise of power (e.g., accountability, due process, and non-oppression). | ||