(Not) solving constitutional problems: Transconstitutionalism beyond collisions

Abstract

The paper critically discusses the theorical model that emphasizes the collision between legal and constitutional regimes in the light of the theory of transconstitutionalism. At first, the author takes distance from the currently widespread idea that there has been the emergence of a multitude of new constitutions according to an inflationary use of the term "constitution". In a second step, the paper develops a critical approach on the model of fragmentation of legal and constitutional regimes, as proposed by Gunther Teubner, in order to point out the need for weaving of fragments in the perspective a transversal rationality. Then, the author exposes the transconstitutional problem concerning the murder of newborn children with disabilities, among Suruawa Indians and other indigenous groups to approach the paradox transconstitutionalism beyond a westerner and simply cosmopolitan global constitutionalism model. In the final observation, the author points to a path that goes beyond recognizing that every observer has a blind spot to emphasize to gain a perspective of alterity in which a blind point can be seen by another in a transversal connection of double contingency.