Deconstructing Transnationalism: Conceptualizing Metanationalism as a Putative Model of Evolving Jurisprudence
PDF · Paul Enríquez · Jul-5-2012 · 43 VAND. J. TRANSNAT'L L. 1265 (2010)
This Article builds upon Philip C. Jessup’s revolutionary scholarship to pave new pathways for interdisciplinary research and expand the normative constitutional framework of universal human problems. To that end, this Article ties American constitutional theory to the new era of international globalization and provides context that facilitates the discussion of racial and ethnic diversity in education from a domestic and international perspective. By arguing for compelling treatment of diversity in elementary and secondary learning institutions, this Article introduces a new theory of constitutional interpretation vis-à-vis international law. This theory, called metanationalism, rejects Harold Koh’s theory of transnationalism and demonstrates that nationalism and transnationalism are not two mutually exclusive concepts at opposite ends of a linear spectrum of constitutional theory. Contrary to Koh’s postulate, metanationalism conceptualizes these two theories as components in a multidimensional paradigm where such theories exist to broaden and enrich legal analysis. Applying metanationalism, this Article argues that existing literature overlooks diversity’s role in the global education-rights movement and focuses on India as a case study. Lastly, this Article analyzes a recent trend in U.S. constitutional law to advocate revisiting the current equal protection landscape.