Between systemic and agency normativity: The constitutionalism of Marcelo Neves

Abstract

In this paper I explore the possibility that with the move from the concept of transconstitutionalism to the concept of transdemocracy Marcelo Neves has exhausted the possibilities of systemic normativity. The transforming of national democracies into sustainable democracies in a global world is an intellectual project that, even if informed by a systems theory approach, can no longer be pursued within its framework. Rather, transdemocracy is a product of the constitutional imagination, and one that is meant to trigger political action.