RESEARCH
LPL EDITIONS
RESEARCH ACADEMY
HAPPENING
RESEARCH
Administrative Law
The Contemporary Challenges of Multilevel Constitutionalism
Responsible Researchers:
Ana Maria Guerra Martins
Ana Maria Guerra Martins
LPL Researchers:
Rui Guerra da Fonseca, Rui Tavares Lanceiro, Francisco Paes Marques, Tiago Fidalgo de Freitas
Rui Guerra da Fonseca, Rui Tavares Lanceiro, Francisco Paes Marques, Tiago Fidalgo de Freitas
External Researchers:
Benedita Meneses Queirós
Benedita Meneses Queirós
Financing:
UIDB/04310/2020
UIDB/04310/2020
Project Status:
Closed
Closed
Summary
Multilevel constitutionalism is a doctrinal current that emerged in the early 1990s, which is based on the assumption that the State – as it was not capable of responding to the challenges that arose at the time, particularly due to globalisation – was no longer the only center of imputation of political power, competing, at the supranational and transnational level, with other powers, among which the European Union stands out. Taking into account the interaction, interconnection and interdependence of all these powers, which form, with the State, a constitutional system composed of functional, institutional and substantial domains, it appears impossible, currently, to study any legal topic without taking into account this reality.
Objectives
The delimitation and updating of the concept of multilevel constitutionalism;
Comparison of the thesis of multilevel constitutionalism with other explanatory theories of the relationships between the various legal orders, such as, for example, the thesis of constitutional pluralism or global constitutionalism.
The study of specific topics, such as, for example, the United Kingdom's exit from the European Union (Brexit), the refugee crisis, the Jurisprudence of higher courts relating to a certain fundamental right, in the context of multilevel constitutionalism, that is, of various levels of norms, institutions and powers.
The study of the ways in which multilevel constitutionalism can protect democracy from current global and European tensions, such as the financial and sovereign debt crises, enormous migratory flows, the increase in terrorism and the emergence of populist and nationalist movements around the world ;
The investigation of whether the theory of explanatory multilevel constitutionalism continues to prove adequate to explain the set of relationships that are established between the various actors on the world stage.
Relevance
The scientific relevance of the thesis of multilevel constitutionalism is linked to the search for credible alternative solutions to face major global and European problems, achieving greater protection of fundamental rights, greater effectiveness of institutions and greater participation of individuals at various levels. of decision making.
