Global Constitutionalism, 11/2014, Vol.3(3), pp.275-309
Abstract This article is a critical examination of the claim that the emergence of private self-regulatory regimes in the transnational sphere signals a new trend of self-constitutionalization outside the limits of nation-state based or intergovernmental control. It deals with the question to what extent the diffusion of public authority in the sphere beyond the state affects the responsibility of the state(s) to procure the legitimacy of such private self-regulation. First, a conceptual argument is developed which identifies private self-regulatory regimes as rule systems nested in a specific constitutional order of the international society, here described as 'neo-Westphalian' (Section I). Second, implications for the responsibility to procure the legitimacy of collectively binding regulatory functions performed by private actors in the sphere beyond the state are considered (Section II). Often cited as a model example of autonomous societal self-regulation, the lex sportiva renders particularly...
Constitutions ; Sociology – 000000\\\\\\\\\\\\\\\ ; International Relations ; Constitutional Pluralism ; Legitimacy Demands ; Shadow of Public Regulation ; Sports Law ; Transnational Private Self-Regulation;
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