Constitutionalizing Multilevel Governance?

Posted: 13 May 2009

Date Written: July-October 2008


Multilevel governance entails transformations of statehood, leading to significant changes both in the public sphere of politics and the private sphere of economic activity and in their modes of interaction, the law included. The fragmentation of the public sphere and the decentering of the state have led to new types of regulation and the emergence of global regulatory networks, thereby intermingling the public and the private. The transition from government to governance blurs a clear hierarchy of norms and the distinctions between hard/soft and public/private law; it encourages a fragmentation of public functions. Renewed international legalization has been seen by some in formalist terms, as a way of providing some certainty and predictability; this view has been used to buttress the legitimacy of global governance Although there have been attempts to improve coordination between international regimes, they seem generally to spawn further regulatory networks; any formal constitutionalization of international regimes seems unlikely.

Suggested Citation

Picciotto, Sol, Constitutionalizing Multilevel Governance? (July-October 2008). International Journal of Constitutional Law, Vol. 6, Issue 3-4, pp. 457-479, 2008, Available at SSRN: or

Sol Picciotto (Contact Author)

ICTD ( email )

Institute of Development Studies
Brighton, BN1 9RE
United Kingdom

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