In addition, the thick network of dealings between peoples, irrespective of borders,
which sometimes is characterised as globalisation, brings an array of influences
to bear on the constitutional arrangements of states, which also encourage
convergence.^3
In the next section of this chapter, I examine the vertical and horizontal
dimensions of internationalisation separately, in order to identify more precisely
the various forces that bear on the constitutional arrangements of states.^4 This part
confirms that convergence is occurring to a degree that differs from earlier times in
global scope, intensity and substance. Closer scrutiny of the mechanisms of inter-
nationalisation in sectioniii, however, shows that its effects are uneven and that
convergence is incomplete. Internationalisation thus has reduced some differences
between the constitutional arrangements of an increasing range of states, but has
far from eradicated difference altogether. Each constitution remains distinctive
in form and operation, in degrees that vary between states. While international-
isation has eased the comparative task by enhancing the chances of comparing
like with like, it has also complicated it in other ways. One is by conveying an
impression of similarity that may be misleading, causing false conclusions to be
drawn. Another, ironically, is by contributing to the fragmentation of earlier
patterns of influence. In sectioniv, I consider the implications of these conclusions
for comparative method. In doing so, I reflect on the extent to which regional
groupings offer comparative insights, with particular reference to the region of Asia.
ii. internationalisation
The internationalisation of constitutional law is not new. From the latter half of the
twentieth century, however, internationalisation gathered both pace and scope. It
was stimulated initially by geopolitical events, including the aftermath of the
Second World War and the collapse of communism in Europe from 1989. It has
been a catalyst for waves of reaction against authoritarian rule in other regions of
the world. Its effects have been augmented by the increase in the number of states:
the membership of the United Nations has increased from the fifty-one original
members in 1945 to 159 in 1990 and 193 in 2012.^5 And it has been fuelled by the
features, challenges and solutions’ ( 2008 ) 27 Penn State international Law Review 89 at 92 ,
97 – 8.(^3) For use of the term ‘globalisation’ in the context of transnational economic activity see
David S. Law, ‘Globalization and the future of constitutional rights’ ( 2008 ) 102 North-
western University Law Review 1277. Cf Mark Tushnet, ‘The inevitable globalization of
international law’ ( 2009 ) 49 Virginia Journal of International Law 985 , where ‘globalisa-
tion’ is used to encompass all three processes identified here.
(^4) In reality, however, the division is by no means so neat.
(^5) United Nations, ‘Growth in United Nations membership, 1945 –present’,www.un.org/en/
members/growth.shtml(viewed 5 March 2012 ).