Societal constitutionalism and self-constitutionalized private regimes: contributions and critical view

Abstract

Society has reached a degree of interdependence not seen in recent times. Technology and economics facilitated evolutionary processes of specialization of social systems. On the other hand, as an immediate effect,the national state started to experience the reflexes of globalization and the institutional weakening of a societal model that moves outside territorial domains. The rise of self-constitutionalized private regimes, replacing the previous state-constitutional regulations, presents itself as an object of study and interconnection between the theory of constitutional law and that of legal sociology. In this context, the emergence of a new theoretical current, called the "sociology of constitutions", emerges as a fertile theoretical field for debates about the weakening of the nation-state and the rise of models of normalization of life different from those associated with it. to the State-centrist model. The consequences in constitutional law are relevant, especially in the way in which new rights can be established and exercised. As a result of this, it is proposed, as objectives of this study, to promote the contextualization of the transnational phenomenon, associated with the issues of a democratic order that involve it and, finally, to demonstrate the main characteristics of the selfconstitutionalization of private regimes. Luhmann's Theory of Social Systems will be used as a method for describing differences and modes of observation of the theories worked on throughout the article. As a method of procedure, the indirect documentation search technique will be used, with a review of national and foreign bibliography.