Research Objective

The central research objective of the Berlin Research Training Group „Constitutionalism Beyond the State: European Experiences and Global Perspectives“ are the challenge of law enforcement and effectiveness on a global level and the constitutionalisation of the international community. The group focuses on the constitutional and legal implications of the “postnational constellation” described by Jürgen Habermas.

The relations between human societies have become increasingly interdependent due to the globalisation of commerce, financial markets, migration, communication and environmental degradation. Organised crime, the rise of terrorism and the disintegration of states pose old and new security threats. In the light of these developments there is a quest for commitment, reliability, a collective order based on international law-making. The guiding idea of such a constitutionalism beyond the state is confidence and peace through law – worldwide, as an answer to a global community growing ever closer together.

The experience of the European constitutional process up until the Treaty establishing a Constitution for Europe constitutes the backdrop (or contrast) to the research project of the Research Training Group. The constitutional concept of our European cultural background does not necessarily coincide with other cultural experiences. The role of states in Europe needs not be the same in Latin America or in East Asia. Comparative studies about the role of the state, the law and constitutions in a growing and changing society are therefore of fundamental importance.

Looking at history is no less important than considering the respective political and economic implications. One task will be to contrast the renaissance of the traditional model of statehood as a regulative factor in some parts of the developing world with the necessity to overcome concepts of national sovereignty. As a basis, the essence and the tasks of constitutions must be considered. Likewise, the growing impact of civil society as a powerful actor and its inclusion into a governance model needs to be taken into account, with particular focus on globally cross-linked organisations and business enterprises. When looking at the administration, democratically authorised and publicly accounted for, there is also the consideration of linking up national administrations into an “international association of administrations”.

Participation and Structure

The Research Training Group establishes a new academic forum, spurring an international, intergenerational and interdisciplinary discourse about constitutionalism beyond the state. The forum provides young researchers with an excellent opportunity for dialogue among a private circle of highly experienced academics, some of them emeriti, and academically committed practitioners. This dialogue supports the fellows in unfolding their creativity, in producing synergy effects between their works and in working at a mosaic, which sheds light on possible solutions to the research questions raised. The doctoral theses of the fellows look at these issues from different vantage points. The Research Training Group introduces different disciplines and the perceptions of various cultures and legal systems. It elaborates on correlations between the European legal framework and questions concerning the international legal framework. The different methods of approaching the subject “constitutionalism beyond the state” are reflected in the four academic components of the Research Training Group. These components are not to be understood as organisational units, as all scholars work in one group. However, the components are complementary guidelines when awarding scholarships and selecting the subjects under discussion:

Component 1 (Theory) addresses the historical and constitutional theory approach: Definition and role of the state, the administration and the constitution against the backdrop of globalisation and its development;

Component 2 (Comparison) casts a comparative perspective on historical, structural and constitutional fundamentals, focusing on foreign legal and constitutional frameworks;

Component 3 (Europe) contemplates the European experience of a constitution reaching beyond states;

Component 4 (World) considers the global perspective: Different forms of international organisations, development in international law and methods of global constitutionalisation.

Course Programme

The course programme is aligned with the European and international focus of the general subject “constitutionalism beyond the state”. It provides the methodological skills and practical experience necessary to write a successful doctoral thesis. The fellows obtain key skills and qualifications and foster their foreign language skills. The course programme conveys the knowledge needed for a thorough understanding of foreign academic literature, international communication skills and an insight into academic traditions and practices in foreign societies. Moreover, scholars have the opportunity to broaden their views on alternative concepts of law and constitutionalism by coming into contact with foreign guest speakers during their seminars, by closely cooperating with fellow foreign doctoral students and by spending some of their research time abroad. The fellows hold literature circles to exchange their views. The course programme helps them to fathom the prerequisites for and the design and limits of a supranational constitutionalism, based on the differences and similarities international experience during their intensive dialogue, which allows for better understanding of global developments.

Dialogue between Academia and Practise

Besides the course programme, the Berlin Research Training Group works towards a dialogue between academia and practise. This is to prevent the scholars from remaining in an ivory tower and not taking into account feasibility aspects. For this, an expert advisory committee has been established, which is supported by many highly qualified academically oriented practitioners from the public and private sectors. Not only does this dialogue between academia and practise to foster a pragmatic approach in the academic work of the group. The discussion of current questions is a valuable asset which helps the fellows to test the practical impact of their hypotheses and models. After the completion of their studies the fellows will have assembled a number of valuable contacts in the public administration and in non-governmental organisations in the European and international context, which may be useful to them in their further career path.

Publications

The Research Training Group supports the publication of the doctoral theses and conference papers. The group does however not publish an own publication series, due to the diversity of thematic approaches and the option to write in English or French. Instead, publication in relevant German and international publication series will be promoted. The Journal Series “European Constitutional Law” published in the NOMOS publishing house is but one option. The website of the Research Training Group will be an important cornerstone of the publication strategy, as it will allow the general public to access the preparatory and supplementary work of the doctoral students, the guest lectures, conference and research papers by the patrons and associated academics, and possibly the doctoral theses.