University of Malta. Islands and Small States Institute
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.peer-reviewe
