Voices, Spaces, and Processes in Constitutionalism

Abstract

INTRODUCTIONInternal and external factors are presently inspiring a resurgence of interest in constitutionalism. This interest goes beyond the purely parochial concerns of traditional constitutional doctrine. We are experiencing a transition to a form of internationalization which is distinct from what has gone before. Globalization and europeanization are more than simply fashionable intellectual currency. They are impacting significantly on all areas of legal scholarship. The architecture of legal discourse is altering to reflect this and in the process new sites of constitutional contestation are opening up. Multi-layered governance is a reality which few can afford to neglect. This process will only intensify in the years to come. The title of this collection captures what we see as an exciting time for those prepared to engage with these trends on an inclusive basis.Internally, competing claims to recognition by a variety of excluded and oppressed groups have challenged some of the old stories about constitutional traditions. These groups seek to expose the partial and distorted nature of concepts which claim universality in the constitutional state. In practice many of these 'internal' disputes are now effectively internationalized and thus problematize any simple notion of 'inside/outside'. New forms of regional co-operation have raised the spectre of a postnational constitutionalism which is rightly suspicious of the loaded language of the past. As the collection demonstrates, there are attempts to respond at the national level to these transnational processes. For example, the 'third way' proposed by 'new Labour' in Britain confronts these and the concept has clear implications for areas as diverse as: the voluntary sector; corporate governance; and devolutionary settlements. At the micro-level mediation raises familiar debates about the nature of the processes of constitutionalism. In particular, the work renews the informalism/formalism debate. This maps onto broader themes in, for example, regulatory law where proceduralization is discussed in response to the problematization of law's role.