Problems of globalization cannot only be managed by regulation capacities of national and international law. The gap of regulation is partly filled by informal transnational regulations of which, however, the capacity of problem solution and rational proceeding is developed in different ways. Since these regulation arrangements influence national sphere, one question should be asked: How does the constitution adjust to them, and how should it adjust? These questions should be answered in three steps:
- Based on the outcomes and effects on normative goods social welfare and democracy, the regulation arrangements will be comparatively examined. For these arrangements, good-practice-regulations that are components of a material and procedural self-legitimacy will be developed.
- Concerning institutional and societal reactions, we will then examine how lawmaker/legislator, law user, and law searcher receive and instruct transnational standards.
- Consequently, constitutional guidelines are to be reviewed and developed further in order to see under what prerequisites of transnational regulation domestic/internal legal validation has to be added; and particularly if the fulfillment of legitimation criteria on transnational level are decisive.
The spectrum of cases in this sub-project which focuses on ecological policy will be enlarged by a research on health policy. This will supplement the examined private or public arrangements with a mixed private-public variation.
Final report 2015 in German
Project application 2011-2014 in German
Project application 2007-2010 in German
Project application 2003-2006 in German