Exploring Constitutional Complexity

Abstract

Complexity theory or the study of complex adaptive systems, seeks to enable us in gaining a better understanding of systems which are difficult to study, owing to the fact that they are made up of multiple components interacting with each other through a complex network of evolving structures that display distinct adaptive behaviour1• Typically, a complex system displays emergent and adaptive behaviour originating from the interaction between the individual components. It is this theory which unfolds at the forefront of science that has been borrowed to analyse law and its relationship with society's systemic behaviour. Law as an emergent, self-organising system is made up of an interactive network consisting of numerous sub-systems operating independently, resulting in complex collective behaviour2• The same may be observed specifically in areas like International Law, Public Law and Governance. Constitutionalism on the other hand is an area evolved from ideas and experiences in politics, law and governance3.