The Transformation of Constitutional Law under Globalization:

A Comparative Inquiry of Human Rights in the European Union (EU) and ASEAN

DOI

10.2991/978-94-6239-785-9_19How to use a DOI?

Keywords

Globalization; Constitutional Law; Human Rights; European Union; ASEAN; Comparative Study

Abstract

Globalization has brought profound impacts on the dynamics of constitutional law across the globe, notably in the regulation of human rights (HR). Accordingly, the study aims to analyse how globalization has shaped the transformation and adaptation of constitutional law in the EU and ASEAN, and to compare their responses to global demands in regulating and protecting human rights. In this regard, the research questions are formulated as follows: first, in the context of human rights protection in the EU and ASEAN − how globalization influences the development of constitutional law. Second, what are the distinctions and similarities in the approaches of both entities in regulating human rights as a response to current globalization. The study employs qualitative research involving literature study and comparative legal analysis. The findings indicate that the EU has a more integrated and binding legal system in the protection of human rights. It is influenced by universal values and supranational institutions such as the European Court of Human Rights. ASEAN countries, on the other hand, continue to face challenges in harmonizing human rights due to the principle of non-intervention and the diversity of its members’ national legal systems. Overall, globalization serves as a catalyst that promotes the integration of human rights values in constitutional law systems. Nevertheless, the political structure, legal culture, and regional commitments strongly influence the responses and the level of adoption of the right.

Copyright

© 2026 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Erga Yuhandra
AU  - Beben Muhammad Bachtiar
AU  - Nidha Raihani Aulia
PY  - 2026
DA  - 2026/10/07
TI  - The Transformation of Constitutional Law under Globalization:
BT  - Proceedings of the UUM 13th International Legal Conference 2025 (UUMILC 2025)
PB  - Atlantis Press
SP  - 271
EP  - 281
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6239-785-9_19
DO  - 10.2991/978-94-6239-785-9_19
ID  - Yuhandra2026
ER  -