I processi di decisione politico-normativa come private lawmaking

The article assesses how legal change occurs in the realm of comparative constitutional law. To this end, it examines how the rules adopted by the transnational community impact on the public sphere, thus seeking a connection with state political communities. The essays assumes that the global holders of capital seek this connection through private law-making. In blurring the divide between publicly and privately made law, these transnational forces infiltrate the public sphere by controlling the decision-making process and suggesting a renovated organising principle on which political communities organise their constitutional affairs. Private law-making is functional to maximising profits for shareholders, capital investors, and assets owners. The interests of transnational actors turn out to be the interests of the whole community. The article argues that private interests have infiltrated the public sphere and contributed, globally and domestically, to the rise of ‘mortgaged democracies.’ This also triggers a change in how societies perceive political bonds, which are now rooted in several acts of conveyance.