Rethinking constitutional ordering in an era of legal and ideological pluralism

Philosophy in Law? A Legal Philosophical Inquiry

“…36 See Rosenfeld 1998, 199-234 for an extended argument in favor of normative pluralism. 37 For a more detailed discussion, see Rosenfeld 2008.…”

Are There Methods of Reasoning on ‘Meta‐Legislation’? The Interpretation of Legislative Competence Norms within the Methodology of European Constitutional Law

“…Below the question of constitutional finality, 80 there are multiple and contradicting short-term purposes which are reflected within the constitutional principles of the treaties. Corresponding to the supremacy of EU law, limited empowerment and the rule of law, 81 proportionality 82 and subsidiarity 83 need to be respected in interpreting competence provisions. As constitutional principles, they need to be given effect within the teleological part of interpreting competences as a first step for an holistic and inclusive reasoning on conflicting goals.…”

Reconciling Constitutionalism with Power: Towards a Constitutional Nomos of Political Ordering

“…With the collapse of the Berlin Wall as a symbol of political and ideological boundary in 1989, talks of the constitutionalization of international law spread through academic circles (e.g., Cass 2001; MacDonald and Johnston 2005; Walter 2001). A global version of constitutional ordering transcending nation‐states has been jubilantly envisioned (e.g., Rosenfeld 2008; Slaughter 2004, 261). Echoing these institutional aspirations for constitutional ordering on a global scale, the normative ideals of constitutionalism, such as the protection of human rights and the rule of law, are projected onto the world (Kahn 2000; Von Bogdandy 2006).…”