2025/08/21 by Moritz A. Schramm · 1 voice
Business, Management and Accounting · Social Sciences · #Conflict of Laws and Jurisdiction #European and International Law Studies #International Arbitration and Investment Law
paper · doi:10.1093/oxfordhb/9780198877820.013.47
openalex publication_date 2025/08/21 · openalex created_date 2025/10/10 · openalex updated_date 2026/05/21
Abstract Eventually, many scholarly approaches that mix a descriptive programme with a normative agenda face a delicate question: what if the thing written about for years does not (fully) transpire? Today, public law is a crucial discursive reference point in international politics and global constitutionalism a widely known scholarly approach thereof. However, despite prevalent talk about constitutional principles in global governance, aspirations of a liberal world order gave way to confrontation, tribalism, and cynicism. Simply put, the promise of global constitutionalism has not fully materialized. So, what can digital constitutionalism, a new scholarly approach that mixes description with desire, learn from global constitutionalism? Apart from several already learned fundamentals, this chapter focuses on what digital constitutionalism might learn from global constitutionalism’s current moment of introspection. Concretely, the chapter presents four lessons, all of which build on critiques of global constitutionalism, which may be, in the future, relevant for digital constitutionalism as well. These lessons are: a stronger empirical footing, a broader focus that includes administrative dimensions, less constitutional metaphors, and more disciplinary and scholarly diversity.