Lessons from European constitutionalism for reforming multilevel governance of transnational public goods in Asia?

Abstract

During most of the recorded history of the homo sapiens, law and governance were justified by ‘mandates of heaven’ invoked by feudal rulers. When the ‘first humanism’ since about 500 BC enabled the emergence of autonomous rather than heteronomous political and legal orders, democratic constitutionalism (eg in ancient Athens) and republican constitutionalism (notably in ancient Rome) were designed and justified (eg by political philosophers like Plato, Aristotle and Cicero) as more inclusive, more legitimate and more effective ‘political strategies’ for protecting public goods (PGs) for the benefit of citizens; they empowered ancient Athens and Rome to protect internal and external peace and trade in large parts of the Mediterranean. Democratic constitutionalism focused on improving the input legitimacy of law and governance through citizenship rights, democratic elections, participatory democracy (eg in popular assemblies and armies), deliberative democracy and institutional ‘checks and balances’ (eg among legislative, executive and judicial institutions).