Law, small state theory and the case of Liechtenstein

Abstract

This interdisciplinary paper tries to identify specific small state characteristics with respect to the emergence, function and application of legal norms. Three respective assumptions are derived from theoretical considerations. An exploratory single-case study shows that all assumptions apply to Liechtenstein. The principality can be described as a hybrid legal system that is significantly shaped by foreign legal norms. Liechtenstein’s dualistic constitution particularly combines a powerful monarch with extensive direct democratic elements. The microstate’s legal system depends on supports from sources beyond its territory and citizenry, such as law schools, legal experts and academic sources. Several brief comparisons and examples regarding Andorra, Monaco and San Marino supplement the sociolegal study. Finally, the authors suggest to apply the assumptions to a wide range of jurisdictions in order to learn more about their explanatory power.