Work

State functions and corporate power in fragile states: a constitutionalism approach

Year: 2026

Type: article

Abstract: In fragile contexts, the state is sometimes unable to effectively perform some of its fundamental functions, such as the provision of public services, law-making, or territorial governance. Multinational corporations sometimes step in to perform these functions by leveraging their political power. On the one hand, this facilitates the enjoyment of fundamental rights for the affected citizens; on the other hand, it risks undermining the relationship between citizens and the state itself, further weakening its foundations. This paper aims to identify a normative criterion to navigate this phenomenon, drawing on theory of positive constitutionalism to do so.

Source: Global Constitutionalism

DOI: 10.1017/s2045381725100191

Author: Francesco Pipicella

Institution: Uppsala University

Language: English

Topic: Comparative constitutional jurisprudence studies

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: gold

Estimated APC paid: $3,550