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Constitutions are often seen as creating a closed and hierarchically organized system of law. Constitutional systems are taken as closed to claims of legality from outside the system and as setting forth a hierarchy of norms and institutions that governs within the system. This consolidation of authority, in turn, is predominantly associated with a radical political (re)founding of the state. Politics are framed by law and law is grounded in an act of collective politics on the part of an existing or aspiring community defined by shared histories, norms, processes, and politics.


Published as Halberstam, Daniel. "Systems Pluralism and Institutional Pluralism in Constitutional Law: National, Supranational, and Global Governance." In Constitutional Pluralism in the European Union and Beyond, edited by Matej Avbelj and Jan Komárek, 85-125. Studies of the Oxford Institute of European and Comparative Law 14. Oxford: Hart Publishing, 2012. Available from Bloomsbury Publishing.