Christian Joerges, Inger-Johanne Sand, and Gunther Teubner, eds., Transnational Governance and Constitutionalism: International Studies in the Theory of Private Law. Hart Publishing, 2004. 386 pp. Anne-Marie Slaughter, A New World Order. Princeton University Press, 2004. 341 pp.

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Abstract
As constitutions and constitutional practices, based on the nation-state, are castigated for their inability to exercise the degree of social control traditionally ascribed to them, the explanatory power of constitutional theory seems to be diminishing. Constitutions were designed to frame states, and to frame the law within the state. Today, however, it seems that the social engineering and controls embodied in such instruments have given way to “governance”—a loose network of constitutionally invisible, often private, actors. As governance becomes transnational, the model of the constitutionally regulated state is marginalized.

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