Recht und Politik in der transnationalen Konstellation: Skizze eines Forschungsgebietes - 10.1628/000389113X13686086918018 - Mohr Siebeck

Claudio Franzius

Recht und Politik in der transnationalen Konstellation: Skizze eines Forschungsgebietes

Volume 138 () / Issue 2, pp. 204-288 (85)

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The research area is dedicated to law and politics within the transnational constellation. The purpose of this article is to examine how constitutional law and how administrative law deal with the interactions on juridification and politicization of proceedings and decisions. It seems to us that the future of both the constitution and the administration will depend on convincing answers to the question of how the visible shift of borders between the interior and the exterior, as well as between the public and the private, can be managed in transnational constellations.Transnationality should be understood as a phenomenon of borders, regions and mechanisms. This is a multi-layered problem that must be described in light of the changing functions that the constitution and the administration have for the transnational implementation of laws. The study aims to contribute insights on public law in order to determine the degree to which de-territorialisation can be accepted as normative. In its search for sharper clearness, the model of constitutional pluralism is complemented by the governance perspective in the linking of legal and non-legal mechanisms for the coordination of activities. How these concepts that have been developed within various disciplinary contexts can be merged, made dogmatically compatible and become effective in the practice has not been adequately clarified up to now.Within the transnational context, the projects are also oriented upon a more effective structuring of public authority. They aim at the construction and developmental conditions of transnational democracy, the systematization of judicial conflict-resolution mechanisms and the formation of transnational administrative law that is no longer solely based on territorial borders. The research project's perspective on how the changing function of the constitution and the administration considered within the overarching trans national constellation is intended to make a contribution to the public law approach in changing times.

Claudio Franzius Geboren 1963; Studium der Rechtswissenschaft in Berlin und Montpellier, 1999 Promotion; 2007 Habilitation; seit 2007 Privatdozent an der Juristischen Fakultät der HU Berlin; Lehrstuhlvertretungen in Frankfurt am Main, Konstanz und Bremen.