constitutional thinking beyond borders
Just published – Between International Standards and Transnational Greed

Just published – Between International Standards and Transnational Greed

Konrad Lachmayer’s article was published in The Hague Journal on the Rule of Law.

The article discusses the process of transnationalisation of the rule of law in times of globalisation. The economic crisis serves as a stage for our analysis, in which the preconditions of the rule of law are challenged.

The Austrian case study focuses on the breakdown of the Austrian banking systems and enables us to understand how international standards and European regulation affect the domestic concept of the rule of law, especially in terms of helping to re-establish the rule of law in times of crisis. The example provides insights into how, in the specific interrelation between the domestic rule of law shaped by Austrian legal culture and the implementation of international and European elements of the rule of law, a unique transnational concept of the rule of law is developed. The article concludes that it is necessary to understand the rule of law in a global context in its plurality of transnational rules of law, which depend on the unique interrelation between the respective national legal systems and the international level.

 

Download the accepted manuscript version