This work offers a preliminary approach between transconstitutionalism and inter-legality. It first outlines the core tenets of transconstitutionalism as conceived by Marcelo Neves, from this perspective the constitution is characterised as a particular development of modernity. Subsequently, the concept of transversal reason is developed in a delimited manner as the mechanism that enables a certain type of interconnection between different legal orders. This leads to the emergence of partial transversal constitutions, which facilitate durable mechanisms for the management of relationships between normative orders in the transnational realm. A distinction is made between the descriptive and the normative dimensions of transconstitutionalism. The second part of this piece summarises the postulates of inter-legality, selecting those that permit a fruitful dialogue with transconstitutionalism. This will lead us to a third section, where points of convergence and potential disagreements between both theories are scrutinised, suggesting a general agreement on the diagnosis of the following issues: (1) rejection of privileged spaces, (2) the methodological importance of the case, (3) the problem of social adequacy.

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Bridging Legalities: Transconstitutionalism and Inter-Legal Reasoning

  • Walter Alberto Abalo Navia

摘要

This work offers a preliminary approach between transconstitutionalism and inter-legality. It first outlines the core tenets of transconstitutionalism as conceived by Marcelo Neves, from this perspective the constitution is characterised as a particular development of modernity. Subsequently, the concept of transversal reason is developed in a delimited manner as the mechanism that enables a certain type of interconnection between different legal orders. This leads to the emergence of partial transversal constitutions, which facilitate durable mechanisms for the management of relationships between normative orders in the transnational realm. A distinction is made between the descriptive and the normative dimensions of transconstitutionalism. The second part of this piece summarises the postulates of inter-legality, selecting those that permit a fruitful dialogue with transconstitutionalism. This will lead us to a third section, where points of convergence and potential disagreements between both theories are scrutinised, suggesting a general agreement on the diagnosis of the following issues: (1) rejection of privileged spaces, (2) the methodological importance of the case, (3) the problem of social adequacy.