Abstract

JIMENEZ, William Guillermo. Constitutionalism, State and territory in the globalization context. Civilizar [online]. 2012, vol.12, n.23, pp.79-96. ISSN 1657-8953.

Globalization shows that the national State is losing the monopoly in the production of law, and this generates changes concerning the environment of application of the state legal arrangements and the role of the territory as the limit thereof. The object of this work is to offer a panorama about of the law globalization impacts on the State, the constitutional theory and the territory. The study is performed by means of the documentary review technique by using the consultation of diverse sources. Our conclusion is that the Westphalian model of State nation has been weakened; however, globalization needs the State to be able to operate. Law has been deterritorialized and the territory continues to be a fundamental element for the contemporary State.

Keywords : Globalization of Law; State-nation; territory; deterritorialization of law; normative pluralism; constitutionalism.

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