The world of constitutionalism has changed dramatically in recent years. Globalization and regional remapping in response to new alliances of emerging democracies are the primary driving forces. In the beginning of this new millennium, one of the most important constitutional enterprises that drew global attention was the writing of the European Constitution. The Constitution for the European Union ("EU") tested our traditional notion that only nation-states could write constitutions. The enactment of the EU constitution eventually failed. The constitutional-making process of the EU, however, continued to progress, and moved not only by formal enactments but also, and perhaps more importantly, by judicial interpretations and informal practices.
Jiunn-Rong Yeh & Wen-Chen Chang, The Emergence of Transnational Constitutionalism: Its Features, Challenges and Solutions, 27 Penn St. Int'l L. Rev. 89 (2008).