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Transnational Constitutionalism: for a pluriversalist understanding of the Constitutional State

Abstract

This article aims to analyze the core elements that characterize the formation of the so-called transnational constitutionalism. More than a process of globalization, nowadays it seems to be the development of a new phase of the constitutional movement. Once that it points to the consolidation of the ideas of universal protection of human rights and the search for peace, this international legal integration presents itself as a much more complex phenomenon than a simple process of developing bilateral or multilateral international agreements. In this sense, we will begin with a brief historical analysis of the origins of the constitutional State. Then we will try to find out elements able to provide parameters for understanding the transnational constitutionalism. Finally, some considerations will be further developed on the relationship between the constitutional State and the constitutional phenomenon in transnational perspective. The research is guided by the analytical-descriptive method in the first part, while is based on a critical methodology in its final part.

Keywords:
Transnational Constitutionalism; Constitutional State; pluriversalism; globalization; transindividual rights

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