Constitutional Fragments
Author : Gunther Teubner
Publisher :
Page : 0 pages
File Size : 45,17 MB
Release : 2012
Category :
ISBN :
Author : Gunther Teubner
Publisher :
Page : 0 pages
File Size : 45,17 MB
Release : 2012
Category :
ISBN :
Author : Gunther Teubner
Publisher : Oxford University Press
Page : 226 pages
File Size : 26,7 MB
Release : 2012-03
Category : Law
ISBN : 0199644675
The powerful private sectors of the world economy remain largely unconstrained by fundamental constitutional rules, leading to human rights abuses on a massive scale. This book examines how the values of constitutional governance can be applied to the private sphere in the modern world, through a network of constitutional fragments.
Author : Anthony F. Lang, Jr.
Publisher : Edward Elgar Publishing
Page : 477 pages
File Size : 36,6 MB
Release : 2017-10-27
Category : Law
ISBN : 1783477350
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 : Poul F. Kjaer
Publisher : Routledge
Page : 226 pages
File Size : 33,93 MB
Release : 2014-04-03
Category : Law
ISBN : 1317804805
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.
Author : Takao Suami
Publisher : Cambridge University Press
Page : 625 pages
File Size : 18,44 MB
Release : 2018-11-29
Category : History
ISBN : 1108417116
Examines and compares East Asian and European perspectives of Global Constitutionalism.
Author : Anthony F. Lang
Publisher : Edward Elgar Publishing
Page : 609 pages
File Size : 34,91 MB
Release : 2023-11-03
Category : Political Science
ISBN : 1802200266
This thoroughly revised Handbook presents an up-to-date political and philosophical history of global constitutionalism. By exploring the constitutional-like qualities of international affairs, it provides key insight into the evolving world order.
Author : Gunther Teubner
Publisher : OUP Oxford
Page : 226 pages
File Size : 30,89 MB
Release : 2012-03-01
Category : Law
ISBN : 0191629340
In recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the 'private' sectors of global society that these constitutional problems arise. It is widely accepted that there is a crisis in traditional constitutionalism caused by transnationalization and privatization. How the crisis can be overcome is one of the major controversies of modern political and constitutional theory. This book sets out an answer to that problem. It argues that the obstinate state-and-politics-centricity of traditional constitutionalism needs to be counteracted by a sociological approach which, so far, has remained neglected in the constitutional debate. Constitutional sociology projects the questions of constitutionalism not only onto the relationship between public politics and law, but onto the whole society. It argues that constitutionalism has the potential to counteract the expansionist tendencies of social systems outside the state world, particularly of the globalized economy, science and technology, and the information media, when they endanger individual or institutional autonomy. The book identifies transnational regimes, particularly in the private area, as the new constitutional subjects in a global society, rivals to the order and power of nation states. It presents a model of transnational, societal constitutional fragments that could bring the values of constitutionalism to bear on these private networks, examining the potential horizontal application of human rights in the private sphere, and how such fragments could interact. An original and provocative contribution to the literature on modern constitutionalism, Constitutional Fragments is essential reading for all those engaged in transnational political theory.
Author : Evan Fox-Decent
Publisher : Oxford University Press
Page : 302 pages
File Size : 49,43 MB
Release : 2011-12-08
Category : Law
ISBN : 0199698317
Arguing that the state and its people stand in a fiduciary relationship, Sovereignty's Promise puts forward a bold new account of political authority and its legal limits. In doing so it presents a fresh argument for common law constitutionalism and a novel theoretical framework for understanding the requirements of the rule of law.
Author : Aydin Atilgan
Publisher : Springer
Page : 314 pages
File Size : 33,10 MB
Release : 2017-12-08
Category : Law
ISBN : 9783662556467
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.
Author : Mathias Albert
Publisher : Cambridge University Press
Page : 279 pages
File Size : 24,26 MB
Release : 2016-04-21
Category : Political Science
ISBN : 1107146534
This analysis of the historical evolution and contemporary form of the system of world politics utilizes contemporary theories and debates in sociology and global history. Critically reflecting also on world politics in the field of international relations, this book will appeal to a wide readership in a range of fields.