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Handbook on Global Constitutionalism

Handbook on Global Constitutionalism Author Anthony F. Lang, Jr.
ISBN-10 9781783477357
Release 2017-10-27
Pages 480
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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.

Global Constitutionalism

Global Constitutionalism Author Aydin Atilgan
ISBN-10 9783662556474
Release 2017-11-27
Pages 314
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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.

Global Constitutionalism and the Path of International Law

Global Constitutionalism and the Path of International Law Author Surendra R. Bhandari
ISBN-10 9789004313460
Release 2016-04-25
Pages 410
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Global Constitutionalism and the Path of International Law offers an account of the most important growth and features of international law in the form of global constitutionalism. This book demonstrates how global constitutionalism is shaping the path of international law.

Global Constitutionalism in International Legal Perspective

Global Constitutionalism in International Legal Perspective Author Christine EJ Schwöbel
ISBN-10 9789004191150
Release 2011-03-21
Pages 205
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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.

Immunities in the Age of Global Constitutionalism

Immunities in the Age of Global Constitutionalism Author Anne Peters
ISBN-10 9789004251632
Release 2014-11-07
Pages 378
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The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book takes up new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.

Global Constitutionalism from European and East Asian Perspectives

Global Constitutionalism from European and East Asian Perspectives Author Takao Suami
ISBN-10 1108417116
Release 2018-09-30
Pages 506
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Global Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of greater respect for and realization of those principles. Global Constitutionalism has been discussed primarily by European scholars. Yet without the engagement of scholars from other parts of the world, the universalist claims underlying Global Constitutionalism ring hollow. This is particularly true with regard to East Asia, where nearly half the world's population and a growing share of global economic and military capacities are located. Are East Asian perspectives on Global Constitutionalism similar to European perspectives? Against the background of current power shifts in international law, this book constitutes the first cross-cultural work on various facets of Global Constitutionalism and elaborates a more nuanced concept that fits our times.

Global Constitutionalism and Its Challenges to Westphalian Constitutional Law

Global Constitutionalism and Its Challenges to Westphalian Constitutional Law Author Martin Belov
ISBN-10 9781509914906
Release 2018-05-31
Pages 304
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Westphalian constitutionalism has shaped our understanding of politics, socio-political institutions and personal and political freedom for centuries. It is historically based in the foundations of Western modernity, such as humanism and rationalism, and is organised around familiar principles of national sovereignty, the rule of law, the separation of powers, and democracy. But since the end of the twentieth century, global constitutionalism has gradually emerged, challenging both the constitutional ideology and the constitutional design of Westphalian constitutional law. This book critically assesses the structural and functional transformations in the Westphalian constitutional tradition produced by the emergence of supranational and global constitutionalism. In so doing, it evaluates the theory of global constitutionalism, its legal and socio-political limits, and important issues concerning the supranational constitutionalism of the EU. This leads to an articulation of the constitutional theory of the emerging post-Westphalian constitutionalism, examining its development during a period of significantly increased access to and sharing of information, increased mobility and more open statehood, as well as the rise of human rights and its encounter with populism and nationalism. This book will be of great interest to scholars of constitutional law and theory, particularly those with an interest in globalisation and supranationalism.

Rethinking Human Rights and Global Constitutionalism

Rethinking Human Rights and Global Constitutionalism Author Ekaterina Yahyaoui Krivenko
ISBN-10 9781107122024
Release 2017-10-31
Pages 200
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This book offers new perspectives and insights into the functioning of mechanisms utilised by global constitutionalism.

Perspectives on Global Constitutionalism

Perspectives on Global Constitutionalism Author Gabor Halmai
ISBN-10 9462361134
Release 2014-06-02
Pages 296
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This work investigates the problem of how constitutionality and the internationally increasingly accepted global principles of human rights can influence state action, which is still considered sovereign. International human rights regulations are of pre-eminence in this context since they are virtually, by definition, based on limitations of national constitutional law, in order to assert internationally shared constitutional principles. The evolution of international human rights - triggered by the Holocaust trauma - was the first serious challenge pertaining to any kind of domestic action within the sovereignty of states. This new type of global morality that manifests itself in international relations largely owes itself to the emergence of the notion that certain states bear responsibility for the horrors of World War II. The first part will review the resultant limitation of sovereignty in the context of the creation, amendment, and interpretation of national constitutions, seeking to answer the questions of how far the process of internationalization of (national0 constitutional law has progressed. The second part will address the constitutionalization of the small segment of international law that manifest itself in the assertion of international human rights standards in the case law of national courts.

Ruling the World

Ruling the World Author Jeffrey L. Dunoff
ISBN-10 9781139479677
Release 2009-07-20
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Ruling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.

Global constitutionalism

Global constitutionalism Author Paul D. Gewirtz
ISBN-10 STANFORD:36105062239814
Release 1998
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Global constitutionalism has been writing in one form or another for most of life. You can find so many inspiration from Global constitutionalism also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Global constitutionalism book for free.

Global Environmental Constitutionalism in the Anthropocene

Global Environmental Constitutionalism in the Anthropocene Author Louis J Kotzé
ISBN-10 9781509907595
Release 2016-09-22
Pages 304
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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.

Reflections on global constitutionalism

Reflections on global constitutionalism Author Kenji Urata
ISBN-10 STANFORD:36105064144343
Release 2005
Pages 274
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Reflections on global constitutionalism has been writing in one form or another for most of life. You can find so many inspiration from Reflections on global constitutionalism also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Reflections on global constitutionalism book for free.

The Constitutional Foundations of World Peace

The Constitutional Foundations of World Peace Author Richard A. Falk
ISBN-10 0791413438
Release 1993
Pages 388
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This book shows how significant a worldwide constitutional framework can be, both analytically and politically, in efforts to achieve a just and lasting peace. The authors are careful to avoid the pitfalls of legalism and moralism that have often afflicted discussion of world governance in the past, and their analyses are rooted directly within contemporary human struggles for peace, justice, prosperity, and environmentally sustainable societies. The authors demonstrate that when these struggles are examined in light of the planet's changing constitutional framework, their origins and future trajectories are more fathomable intellectually. By examining alternative images of world order, these authors uncover an abundance of practical yet bold policy recommendations for addressing and solving global problems. They also demonstrate that implementing desirable policies can indeed become politically feasible. This book is a compendium of new ideas for managing threats to peace, enhancing U. N. peacekeeping, establishing an effective global environmental authority, aiding the faltering global economy, nurturing the growth of democracy both locally and globally, protecting human rights and ethnic diversity, holding governments and intergovernmental organizations accountable to those they govern, and nurturing humanitarian values among all people.

Feminist Constitutionalism

Feminist Constitutionalism Author Beverley Baines
ISBN-10 9780521761574
Release 2012-04-16
Pages 477
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Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.

A Global Political Morality

A Global Political Morality Author Michael J. Perry
ISBN-10 9781108150354
Release 2017-04-03
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In A Global Political Morality, Michael J. Perry addresses several related questions in human rights theory, political theory and constitutional theory. He begins by explaining what the term 'human right' means and then elaborates and defends the morality of human rights, which is the first truly global morality in human history. Perry also pursues the implications of the morality of human rights for democratic governance and for the proper role of courts - especially the US Supreme Court - in protecting constitutionally entrenched human rights. The principal constitutional controversies discussed in the book are capital punishment, race-based affirmative action, same-sex marriage, physician-assisted suicide and abortion.

Constitutionalism in the Global Realm

Constitutionalism in the Global Realm Author Poul F. Kjaer
ISBN-10 9781317804802
Release 2014-04-03
Pages 178
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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.