Reconceptualizing Law and Politics in the Transnational: Constitutional and Legal Pluralist Approaches

Despite the apparent fluidity that characterizes this historical moment as well as this moment in legal scholarship, this paper argues that there is also an enduring rigidity that is found in the persistence of a modernist conception of law. It is revealed in debates surrounding transnational constitutionalism, which even as they purport to transcend the nation-state, cannot escape some form of re-inscription of the relation between law and a centralized sovereign authority.