Uncertainties of Global Constitutionalism

Abstract

In the juridical discourses the references to the global constitutionalism are multiplying themselves, in particular since the arrival of the Covid 19. This concept, in the middle of construction, appears as a solution as well as a problem, confronted to the development of the globalization and the interaction between the juridical actors. This study is prioritizing the second aspect. The playwright Jean Giraudoux used this formula: «the law is the most powerful of schools for the imagination. No poet ever interpreted nature as freely as a lawyer interprets the truth». Beyond the utopias, I’d rather underline three points: the perspective of a new type of oligarchy behind the global constitutionalism; the threats of a combination of the devaluation of the political power and the centrality of the individual; and eventually the discourse to the convergence of the human rights, which hides the presence of a cultural imperialism. To conclude, inside this reflexion about the global constitutionalism, how to consider the European constitutional law: as a role model to follow, or as a model to reject?