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TRANSDEMOCRACY—presentation by Marcelo Neves (Universidade de Brasília) with a comment of Bertram Lomfeld (FUB)

Thursday, 20 June 2024, 10 am (Audimax)

News vom 07.06.2024

See poster here.

Marcelo Neves’ project “transdemocracy” is the next step from his thoughts in “Transconstitutionalism” (Hart Publishing: Oxford 2013). Transconstitutionalism concerns the fact that multiple legal orders of the same or different kind are simultaneously involved with the same constitutional issue or case, i.e. issue or case concerning basic rights or legal limitation and control of political power. Constitutional problems, thus go beyond the state and entangle several legal orders, although no new constitution arises in this context. There are limits of transconstitutionalism in an asymmetric world society. An alternative beyond is “transdemocracy”, which is immanent to our social formation. Transdemocracy goes across state boundaries and beyond “We the People”, i.e. popular sovereignty, in order to emphasize the sustainable responsiveness for other peoples in the same world society. “Transdemocracy” is a question of sustainability of democracy.

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