Constitutionalism In The Global Realm

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Constitutionalism in the Global Realm

Poul F. Kjaer
Constitutionalism in the Global Realm Book PDF

Author : Poul F. Kjaer
Publisher : Routledge
Page : 226 pages
File Size : 50,6 Mb
Release : 2014-04-03
Category : Law
ISBN : 9781317804802

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Constitutionalism in the Global Realm by Poul F. Kjaer Pdf

This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society. The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner. In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory.

Constitutionalism in the Global Realm

Poul F. Kjaer
Constitutionalism in the Global Realm Book PDF

Author : Poul F. Kjaer
Publisher : Routledge
Page : 187 pages
File Size : 51,8 Mb
Release : 2014-04-03
Category : Law
ISBN : 9781317804819

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Constitutionalism in the Global Realm by Poul F. Kjaer Pdf

This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society. The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner. In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory.

Global Constitutionalism from European and East Asian Perspectives

Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke
Global Constitutionalism from European and East Asian Perspectives Book PDF

Author : Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke
Publisher : Cambridge University Press
Page : 625 pages
File Size : 48,8 Mb
Release : 2018-11-29
Category : History
ISBN : 9781108417112

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Global Constitutionalism from European and East Asian Perspectives by Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke Pdf

Examines and compares East Asian and European perspectives of Global Constitutionalism.

The Constitutionalization of International Law

Jan Klabbers,Anne Peters,Geir Ulfstein
The Constitutionalization of International Law Book PDF

Author : Jan Klabbers,Anne Peters,Geir Ulfstein
Publisher : OUP Oxford
Page : 414 pages
File Size : 40,7 Mb
Release : 2011-04-07
Category : Law
ISBN : 9780191615917

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The Constitutionalization of International Law by Jan Klabbers,Anne Peters,Geir Ulfstein Pdf

The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.

Global Constitutionalism

Aydin Atilgan
Global Constitutionalism Book PDF

Author : Aydin Atilgan
Publisher : Springer
Page : 314 pages
File Size : 55,5 Mb
Release : 2017-11-27
Category : Law
ISBN : 9783662556474

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Global Constitutionalism by Aydin Atilgan Pdf

This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global “constitutional culture” instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.

Chinese Constitutionalism in a Global Context

Peng Chengyi
Chinese Constitutionalism in a Global Context Book PDF

Author : Peng Chengyi
Publisher : Routledge
Page : 280 pages
File Size : 41,7 Mb
Release : 2018-08-06
Category : Law
ISBN : 9781317167075

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Chinese Constitutionalism in a Global Context by Peng Chengyi Pdf

Over the course of the last four decades as China’s ideological realm has been transformed, it has become significantly more complicated. This is well illustrated in the current discourse concerning China’s constitutional future. Among Chinese intellectuals the liberal constitutionalism paradigm is widely accepted. However, more recently, this perspective has been challenged by mainland New Confucians and Sinicized Marxists alike. The former advocate a constitutionalism that is based upon and loyal to the Confucian tradition; while the latter has sought to theorize the current Chinese constitutional order and reclaim its legitimacy. This book presents a discussion of these three approaches, analyzing their respective strengths and weaknesses, and looking to the likely outcome. The study provides a clear picture of the current ideological debates in China, while developing a platform for the three schools and their respective constituencies to engage in dialogue, pluralize the conceptions of constitutionalism in academia, and shed light on the political path of China in the 21st Century. The consequences of this Chinese contribution to the global constitutionalism debate are significant. Notions of the meaning of democratic organization, of the nature of the division of authority between administrative and political organs, of the nature and role of political citizenship, of the construction of rights are all implicated. It is argued that China’s constitutional system, when fully theorized and embedded within the global discourse might serve, as the German Basic Law did in its time, as a model for states seeking an alternative approach to the legitimate construction of state, political structures and institutions.

Beyond Constitutionalism

Nico Krisch
Beyond Constitutionalism Book PDF

Author : Nico Krisch
Publisher : Oxford University Press, USA
Page : 383 pages
File Size : 54,9 Mb
Release : 2010-10-28
Category : Law
ISBN : 9780199228317

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Beyond Constitutionalism by Nico Krisch Pdf

Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.

Constitutionalism

Charles Howard McIlwain
Constitutionalism Book PDF

Author : Charles Howard McIlwain
Publisher : The Lawbook Exchange, Ltd.
Page : 172 pages
File Size : 47,5 Mb
Release : 2005
Category : Constitutional history
ISBN : 9781584775508

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Constitutionalism by Charles Howard McIlwain Pdf

Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.

Globalization and Sovereignty

Jean L. Cohen
Globalization and Sovereignty Book PDF

Author : Jean L. Cohen
Publisher : Cambridge University Press
Page : 455 pages
File Size : 45,5 Mb
Release : 2012-08-02
Category : Political Science
ISBN : 9781139560269

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Globalization and Sovereignty by Jean L. Cohen Pdf

Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

Freedom and Indigenous Constitutionalism

John Borrows
Freedom and Indigenous Constitutionalism Book PDF

Author : John Borrows
Publisher : University of Toronto Press
Page : 382 pages
File Size : 54,7 Mb
Release : 2016-05-12
Category : Social Science
ISBN : 9781442630956

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Freedom and Indigenous Constitutionalism by John Borrows Pdf

Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

Global Environmental Constitutionalism in the Anthropocene

Louis J Kotzé
Global Environmental Constitutionalism in the Anthropocene Book PDF

Author : Louis J Kotzé
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 42,9 Mb
Release : 2016-09-22
Category : Law
ISBN : 9781509907595

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Global Environmental Constitutionalism in the Anthropocene by Louis J Kotzé Pdf

There is persuasive evidence suggesting we are on the brink of human-induced ecological disaster that could change life on Earth as we know it. There is also a general consensus among scientists about the pace and extent of global ecological decay, including a realisation that humans are central to causing the global socio-ecological crisis. This new epoch has been called the Anthropocene. Considering the many benefits that constitutional environmental protection holds out in domestic legal orders, it is likely that a constitutionalised form of global environmental law and governance would be better able to counter the myriad exigencies of the Anthropocene. This book seeks to answer this central question: from the perspective of the Anthropocene, what is environmental constitutionalism and how could it be extrapolated to formulate a global framework? In answering this question, this book offers the first systematic conceptual framework for global environmental constitutionalism in the epoch of the Anthropocene.

New Constitutionalism and World Order

Stephen Gill,A. Claire Cutler
New Constitutionalism and World Order Book PDF

Author : Stephen Gill,A. Claire Cutler
Publisher : Cambridge University Press
Page : 387 pages
File Size : 52,6 Mb
Release : 2014
Category : Globalization
ISBN : 9781107053694

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New Constitutionalism and World Order by Stephen Gill,A. Claire Cutler Pdf

This path-breaking collection analyzes the dialectic between legal and constitutional innovations intended to inscribe corporate power and market disciplines in world order, and the potential for challenges and alternative frameworks of governance to emerge. It provides a comprehensive approach to neoliberal constitutionalism and regulation and limits to policy autonomy of states, and how this disciplines populations according to the intensifying demands of corporations and market forces in global market civilization. Contributors examine global and local public policy challenges and consider if the ongoing crises of capitalism and world order offer states and societies opportunities to challenge this loss of policy autonomy and potentially to refashion world order. Integrating approaches to governance and world order from both leading and emerging scholars, this is an innovative, indispensable source for policymakers, civil society organizations, professionals and students in law, politics, economics, sociology, philosophy and international relations

Constitutionalism and the Separation of Powers

M. J. C. Vile
Constitutionalism and the Separation of Powers Book PDF

Author : M. J. C. Vile
Publisher : Unknown
Page : 0 pages
File Size : 40,8 Mb
Release : 1998
Category : History
ISBN : 0865971757

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Constitutionalism and the Separation of Powers by M. J. C. Vile Pdf

Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.

Feminist Constitutionalism

Beverley Baines,Daphne Barak-Erez,Tsvi Kahana
Feminist Constitutionalism Book PDF

Author : Beverley Baines,Daphne Barak-Erez,Tsvi Kahana
Publisher : Cambridge University Press
Page : 495 pages
File Size : 43,8 Mb
Release : 2012-04-16
Category : Law
ISBN : 9780521761574

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Feminist Constitutionalism by Beverley Baines,Daphne Barak-Erez,Tsvi Kahana Pdf

Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.

Constitutionalizing World Politics

Karolina M. Milewicz
Constitutionalizing World Politics Book PDF

Author : Karolina M. Milewicz
Publisher : Cambridge University Press
Page : 373 pages
File Size : 48,9 Mb
Release : 2020-07-23
Category : Law
ISBN : 9781108835091

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Constitutionalizing World Politics by Karolina M. Milewicz Pdf

Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.