Transnational Constitutionalism

Author : Nicholas Tsagourias
Publisher : Cambridge University Press
Page : 348 pages
File Size : 44,8 Mb
Release : 2007-07-19
Category : Law
ISBN : 9781139464680

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Transnational Constitutionalism by Nicholas Tsagourias Pdf

An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.

Author : Christian Joerges,Inger-Johanne Sand,Gunther Teubner
Publisher : Bloomsbury Publishing
Page : 408 pages
File Size : 45,7 Mb
Release : 2004-06-30
Category : Law
ISBN : 9781847311771

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Transnational Governance and Constitutionalism by Christian Joerges,Inger-Johanne Sand,Gunther Teubner Pdf

The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.

Author : Nicholas Tsagourias
Publisher : Unknown
Page : 377 pages
File Size : 48,5 Mb
Release : 2007
Category : Electronic
ISBN : OCLC:851293437

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Transnational Constitutionalism by Nicholas Tsagourias Pdf

Author : Guilherme Cintra Guimarães
Publisher : Routledge
Page : 214 pages
File Size : 41,8 Mb
Release : 2019-06-05
Category : Law
ISBN : 9780429594625

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Global Technology and Legal Theory by Guilherme Cintra Guimarães Pdf

The rise and spread of the Internet has accelerated the global flows of money, technology and information that are increasingly perceived as a challenge to the traditional regulatory powers of nation states and the effectiveness of their constitutions. The acceleration of these flows poses new legal and political problems to their regulation and control, as shown by recent conflicts between Google and the European Union (EU). This book investigates the transnational constitutional dimension of recent conflicts between Google and the EU in the areas of competition, taxation and human rights. More than a simple case study, it explores how the new conflicts originating from the worldwide expansion of the Internet economy are being dealt with by the institutional mechanisms available at the European level. The analysis of these conflicts exposes the tensions and contradictions between, on the one hand, legal and political systems that are limited by territory, and, on the other hand, the inherently global functioning of the Internet. The EU’s promising initiatives to extend the protection of privacy in cyberspace set the stage for a broader dialogue on constitutional problems related to the enforcement of fundamental rights and the legitimate exercise of power that are common to different legal orders of world society. Nevertheless, the different ways of dealing with the competition and fiscal aspects of the conflicts with Google also indicate the same limits that are generally attributed to the very project of European integration, showing that the constitutionalization of the economy tends to outpace the constitutionalization of politics. Providing a detailed account of the unfolding of these conflicts, and their wider consequences to the future of the Internet, this book will appeal to scholars working in EU law, international law and constitutional law, as well as those in the fields of political science and sociology.

Author : Christine EJ Schwöbel
Publisher : Martinus Nijhoff Publishers
Page : 218 pages
File Size : 46,8 Mb
Release : 2011-03-21
Category : Law
ISBN : 9789004191150

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Global Constitutionalism in International Legal Perspective by Christine EJ Schwöbel Pdf

Drawing on critical theories within and without the international legal discipline, this book offers a fresh approach to the debate on global constitutionalism – an approach that attempts to get beyond the liberal democratic trajectories in which it is currently entrenched.

Author : Vicki Jackson
Publisher : Oxford University Press
Page : 128 pages
File Size : 41,6 Mb
Release : 2013-02-15
Category : Law
ISBN : 9780199715466

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Constitutional Engagement in a Transnational Era by Vicki Jackson Pdf

Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary international law, supranational infrastructures of human rights and trade law, and growing comparative judicial awareness. This new environment is reflected in increasing cross-national references in constitutional court decisions around the world. The constellation of legal orders in which established constitutional regimes operate has changed - there are more bodies generating law, more international legal sources, and more multi-national interactions that bring into view various legal orders. How do these transnational phenomena affect our understanding of the role of constitutions and of courts in deciding constitutional cases? Constitutional Engagement in a Transnational Era explores this question, looking at constitutional court decisions from around the world, and identifying postures of resistance, convergence or engagement with international and foreign law. For the United States, the book argues for cautious engagement by the Supreme Court with transnational sources of law in interpreting the national constitution. Constitutional Engagement in a Transnational Era offers law school students and professors an authoritative study of comparative constitutional law by one of the most important scholars of domestic and comparative constitutional law. The book defines how international comparative experiences are relevant to constitutional analysis and discusses in detail the multiple possible connections between international law and constitutional law including a comparative overview of constitutional law in Australia, Canada, France, Germany, India, Israel, South Africa, the United Kingdom, and the United States.

Author : Marcelo Neves
Publisher : Bloomsbury Publishing
Page : 246 pages
File Size : 44,5 Mb
Release : 2013-05-01
Category : Law
ISBN : 9781782251248

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Transconstitutionalism by Marcelo Neves Pdf

Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.

Author : McWhinney
Publisher : Martinus Nijhoff Publishers
Page : 201 pages
File Size : 49,5 Mb
Release : 2023-09-20
Category : Law
ISBN : 9789004637917

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Federalism-In-The-Making by McWhinney Pdf

The long-continuing constitutional debate, within Canada has brought a search today for new constitutional-governmental models of paradigms capable of taking us all safely into the twenty-first century. For students of Contemporary Constitutionalism, no country's experience has been more seriously studied than that of the West German federal state formed out of the three Western zones of Germany in 1949 and endowed with what was then described as a temporary governmental charter, pending final reunification of Germany. This volume is the result of a special bilateral Canadian-German conference organised by the Simon Fraser University and the Goethe-Institut of Vancouver in 1991 on the theme `The Challenge of Contemporary Constitutionalism: Canadian and German Federalism-in-the-Making'. The essays it contains, from many distinguished judges and professors from both countries, form a unique contribution both to scientific knowledge in Constitutionalism and to current ventures in Constitution-making and drafting in a number of countries -- Western and Eastern Europe, North America -- around the world.

Author : Christine EJ Schwöbel
Publisher : BRILL
Page : 217 pages
File Size : 46,5 Mb
Release : 2011-03-21
Category : Law
ISBN : 9789004195226

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Global Constitutionalism in International Legal Perspective by Christine EJ Schwöbel Pdf

Drawing on critical theories within and without the international legal discipline, this book offers a fresh approach to the debate on global constitutionalism – an approach that attempts to get beyond the liberal democratic trajectories in which it is currently entrenched.

Author : Anonim
Publisher : BRILL
Page : 417 pages
File Size : 53,9 Mb
Release : 2024-03-11
Category : Law
ISBN : 9789004693722

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Constitutionalism and Transnational Governance Failures by Anonim Pdf

This book explores strategies for limiting transnational market failures, governance failures and constitutional failures impeding protection of the universally agreed sustainable development goals like climate change mitigation and access to justice and transnational rule-of-law. Can multilevel democratic and judicial protection of fundamental rights and public goods across frontiers be extended through plurilateral agreements? Can transnational economic and environmental constitutionalism be reconciled with ‘constitutional pluralism’ and with democratic constitutionalism depending on individual and democratic consent of free and equal citizens? Will judicial challenges (e.g. of EU carbon border adjustment measures) and countermeasures lead to further disruption of UN and WTO law? "This innovative book provides convincing analyses by leading practitioners and academics of multilevel governance of transnational public goods. It advocates the need for stronger involvement of civil society and democratic institutions. It shows why constitutionalism and constitutional economics offer appropriate methodologies for limiting market failures, government failures and constitutional failures. It thereby offers a glimpse of much needed optimism." Karl-Ernst Brauner, former Deputy Director-General of the World Trade Organization (WTO)

Author : Ali Shirvani
Publisher : Springer Nature
Page : 117 pages
File Size : 49,9 Mb
Release : 2021-07-09
Category : Law
ISBN : 9789811629761

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Transnational Evaluation of Constitutions by Ali Shirvani Pdf

This book provides a hypothetical classification of constitutions through international law and human rights values used in any constitution, which draws connections between the inclusive standards of international law and human rights contained in the constitutions. Consequently, an evaluation method will be available for users to rank any constitution potentiality of analysis for grounds of any commitment and responsibility of the states concerning international law and human rights. "This important study uses novel quantitative and qualitative methods to explore the relationship between constitutional and international law. It is a significant contribution to the literature, and pushes us further toward rigorous analysis of transnational legal regimes." Tom Ginsburg Professor of Political Science, Chicago Law School.

Author : Anthony F. Lang, Jr.,Antje Wiener
Publisher : Edward Elgar Publishing
Page : 480 pages
File Size : 52,5 Mb
Release : 2017-10-27
Category : Electronic
ISBN : 9781783477357

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Handbook on Global Constitutionalism by Anthony F. Lang, Jr.,Antje Wiener Pdf

This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, drawing on diverse frameworks and empirical data sets. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. The Handbook will define this field of inquiry for the next generation by bringing together some of the leading contemporary scholars.

Author : Gregory Shaffer,Tom Ginsburg,Terence C. Halliday
Publisher : Cambridge University Press
Page : 335 pages
File Size : 47,9 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781108473101

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Constitution-Making and Transnational Legal Order by Gregory Shaffer,Tom Ginsburg,Terence C. Halliday Pdf

Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.

Author : Franziska Humbert
Publisher : BRILL
Page : 519 pages
File Size : 47,7 Mb
Release : 2024-02-12
Category : Law
ISBN : 9789004690905

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World Trade, Child Labour and Transnational Constitutionalism by Franziska Humbert Pdf

The Open Access publication of this book has been made possible by the Swiss National Science Foundation. Is the current structure of international law still adequate to solve global problems such as child labour? This book argues for more coherence between human rights and trade law, analysing the world trade law compatibility of topical trade measures on (forced) child labour such as the US Tariff Act of 1930 or the proposal for an EU Forced Labour Regulation, mainly under the GATT non-discrimination principles and the policy exceptions clause. Discussing theories such as constitutionalism and pluralism, Franziska Humbert develops the idea of a New Legal Humanism as a cognitive frame for the global legal order.

Author : Silvia Suteu
Publisher : Oxford University Press
Page : 272 pages
File Size : 53,6 Mb
Release : 2021-05-20
Category : Law
ISBN : 9780192602602

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Eternity Clauses in Democratic Constitutionalism by Silvia Suteu Pdf

This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.