Constitutionalism

14,000,000 Leading Edge Experts on the ideXlab platform

Scan Science and Technology

Contact Leading Edge Experts & Companies

Scan Science and Technology

Contact Leading Edge Experts & Companies

The Experts below are selected from a list of 24216 Experts worldwide ranked by ideXlab platform

Surendra Bhandari - One of the best experts on this subject based on the ideXlab platform.

Anne Peters - One of the best experts on this subject based on the ideXlab platform.

  • los meritos del constitucionalismo global the merits of global Constitutionalism
    2018
    Co-Authors: Anne Peters
    Abstract:

    Spanish Abstract: El constitucionalismo global es una agenda que identifica y defiende la aplicacion de principios constitucionalistas en la esfera juridica internacional. La constitucionalizacion global supone la aparicion gradual de unas caracteristicas constitucionalistas en el derecho internacional. Las criticas del constitucionalismo global tienden a dudar de la realidad empirica de la constitucionalizacion, lo que lleva a preguntarse por el valor analitico del constitucionalismo como aproximacion academica y a preocuparse por que el discurso pueda ser normativamente peligroso al ser anti pluralista, por crear artificialmente una falsa legitimidad y por prometer unos fines politicos surreales. El presente articulo aborda estas objeciones. Se argumenta que la constitucionalizacion global podria compensar los deficits constitucionalistas a nivel nacional por la globalizacion inducida; que una lectura constitucionalista del derecho internacional podria servir como una herramienta hermeneutica, y que el vocabulario constitucionalista destapa los deficits de legitimidad del derecho internacional ofreciendo soluciones. El constitucionalismo global tiene entonces un verdadero y necesario potencial critico y responsabilizador. English Abstract: Global Constitutionalism is an agenda that identifies and advocates for the application of constitutionalist principles in the international legal sphere. Global constitutionalization is the gradual emergence of constitutionalist features in international law. Critics of global Constitutionalism doubt the empirical reality of constitutionalization, call into question the analytic value of Constitutionalism as an academic approach, and fear that the discourse is normatively dangerous because it is anti-pluralist, artificially creates a false legitimacy, and promises an unrealistic end of politics. This article addresses these objections. I argue that global constitutionalization is likely to compensate for globalization induced constitutionalist deficits on the national level, that a constitutionalist reading of international law can serve as a hermeneutic device, and that the constitutionalist vocabulary uncovers legitimacy deficits of international law and suggests remedies. Global Constitutionalism, therefore, has a responsibilizing and much-needed critical potential.

  • Global Constitutionalism - The social dimension
    SSRN Electronic Journal, 2017
    Co-Authors: Anne Peters
    Abstract:

    The chapter argues that the traditional trinity of global Constitutionalism can and should be extended to cover a fourth, a social limb. Just as national Constitutionalism has embraced the social question, global Constitutionalism needs to do the same in times of globalisation fatigue. To this end, global Constitutionalism can build on and push further important trends in our post 2015-international legal order, notably the emerging cross-border social responsibility for individuals. The study of inter- and transnational social law standards and entitlements through the lens of global Constitutionalism facilitates cross-fertilisation between social and liberal constitutional principles and works against playing those dimensions out against each other in a false competition. By absorbing the social question, global Constitutionalism can mitigate its neo-liberal tilt, and it is rescued from being reduced to a project to deepen the power of capital and to extend a market civilization in which the transnational investor is the principal political subject. With such a renovation from within, global Constitutionalism can form part of a fresh ‘post-neoliberal imagination’ of international law.

  • The Merits of Global Constitutionalism
    Indiana Journal of Global Legal Studies, 2009
    Co-Authors: Anne Peters
    Abstract:

    Global Constitutionalism is an agenda that identifies and advocates for the application of constitutionalist principles in the international legal sphere. Global constitutionalization is the gradual emergence of constitutionalist features in international law. Critics of global Constitutionalism doubt the empirical reality of constitutionalization, call into question the analytic value of Constitutionalism as an academic approach, and fear that the discourse is normatively dangerous because it is anti-pluralist, artificially creates a false legitimacy, and promises an unrealistic end of politics. This article addresses these objections. I argue that global constitutionalization is likely to compensate for globalization induced constitutionalist deficits on the national level, that a constitutionalist reading of international law can serve as a hermeneutic device, and that the constitutionalist vocabulary uncovers legitimacy deficits of international law and suggests remedies. Global Constitutionalism, therefore, has a responsibilizing and much needed critical potential.

  • compensatory Constitutionalism the function and potential of fundamental international norms and structures
    Leiden Journal of International Law, 2006
    Co-Authors: Anne Peters
    Abstract:

    The article conceives international (or global) Constitutionalism as a legal argument which recommends and strengthens efforts (legal and political) to compensate for ongoing de-constitutionalization on the domestic level. Although the notions ‘international constitution’ and ‘international Constitutionalism’ have in recent years served as buzzwords in various discourses, the many meanings of those concepts have not yet been fully explored and disentangled. This paper suggests a specific understanding of those concepts. It highlights various aspects and elements of micro- and macro-constitutionalization in international law, and identifies anti-constitutionalist trends. On this basis, the paper finds that, although no international constitution in a formal sense exists, fundamental norms in the international legal order do fulfil constitutional functions. Because those norms can reasonably be qualified as having a constitutional quality, they may not be summarily discarded in the event of a conflict with domestic constitutional law. Because the relevant norms form a transnational constitutional network, and cannot be aligned in an abstract hierarchy, conflict resolution requires a balancing of interests in concrete cases. Finally, because Constitutionalism historically and prescriptively means asking for a legitimate constitution, a constitutionalist reading of the international legal order provokes the question of its legitimacy. This question is pressing, because state sovereignty and consent are – on good grounds – no longer accepted as the sole source of legitimacy of international law. International Constitutionalism – as understood in this paper – does not ask for state-like forms of legitimacy of a world government, but stimulates the search for new mechanisms to strengthen the legitimacy of global governance.

  • compensatory Constitutionalism the function and potential of fundamental international norms and structures
    2006
    Co-Authors: Anne Peters
    Abstract:

    The article conceives international (or global) Constitutionalism as a legal argument which recommends and strengthens efforts (legal and political ones) to compensate for ongoing de-constitutionalization on the domestic level. Although the notions ‘international constitution’ and ‘international Constitutionalism’ have in the recent years served as buzz-words in various discourses, the many meanings of those concepts have not yet been fully explored and disentangled. The paper suggests a specific understanding of those concepts. It highlights various aspects and elements of micro- and macro-constitutionalization in international law, and identifies anti-constitutionalist trends. On this basis, the paper finds that, although no international constitution in a formal sense exists, fundamental norms in the international legal order do fulfill constitutional functions. Because those norms can reasonably be qualified as having a constitutional quality, they may not be summarily discarded in the event of a conflict with domestic constitutional law. Because the relevant norms form a transnational constitutional network, and cannot be aligned in an abstract hierarchy, conflict-solution requires a balancing of interests in the concrete case. Finally, because Constitutionalism historically and prescriptively means to ask for a legitimate constitution, a constitutionalist reading of the international legal order provokes the question of its legitimacy. This question is pressing, because state sovereignty and consent are – on good grounds – no longer accepted as the sole source of legitimacy of international law. International Constitutionalism – as understood in this paper – does not ask for state-like forms of legitimacy of a world government, but stimulates the search for new mechanisms to strengthen the legitimacy of global governance.

David T. Ritchie - One of the best experts on this subject based on the ideXlab platform.

  • The Confines of Modern Constitutionalism
    2007
    Co-Authors: David T. Ritchie
    Abstract:

    As a legal, political, and social movement modern Constitutionalism has had an enormous impact internationally for over 200 years. As a concept modern Constitutionalism is derived from enlightenment rationalism and political liberalism, and plays an important part in a certain world-view that dominates in Western Europe and the United States. This world-view posits a model of Constitutionalism that is suitable for all people, in all places, and under all circumstances. The terms of modern Constitutionalism, then, bear the hallmarks of a supposed universality that European and American scholars presume. In this article I discuss the terms of modern Constitutionalism, the foundations for these terms, and the implications of accepting these terms uncritically.

  • Critiquing Modern Constitutionalism
    2007
    Co-Authors: David T. Ritchie
    Abstract:

    Modern Constitutionalism is an important movement in state building. In fact, the terms of modern Constitutionalism have played a formative role on how our political and legal world looks today. These terms have had a homogenizing effect, however. In this article I discuss the importance of modern Constitutionalism, but also sound a cautionary note regarding the fetishization of the concept. Modern Constitutionalism is not a panacea, contrary to what many Americans might think, and the hegemony of any particular constitutional model can undermine conceptual pluralism, and maybe even democracy.

Grainne De Burca - One of the best experts on this subject based on the ideXlab platform.

  • is eu supranational governance a challenge to liberal Constitutionalism
    2018
    Co-Authors: Grainne De Burca
    Abstract:

    Does supranational governance present a challenge to liberal Constitutionalism? More particularly, has the EU’s supranational form of governance fueled the rise of illiberal authoritarianism and undermined liberal Constitutionalism? The paper begins by addressing two related empirical questions associated with this larger query: first, whether the Brexit vote reflected a rise in authoritarianism and a turn against liberal Constitutionalism; and second whether the Euroscepticism to which the process of European integration has given rise has also contributed to the growth of the illiberal far-right across the EU and to the weakening of support for liberal Constitutionalism. The third part addresses a broader and more conceptual question about the relationship between supranational governance and liberal Constitutionalism, namely whether there is something either inherent or contingent in the structure and process of European integration and in the project of European supranational governance, which creates a challenge to liberal Constitutionalism, and if so what kind of challenge.

Ximena Soley - One of the best experts on this subject based on the ideXlab platform.

  • ius constitutionale commune en america latina a regional approach to transformative Constitutionalism
    Social Science Research Network, 2016
    Co-Authors: Armin Von Bogdandy, Eduardo Ferrer Mac Gregor, Mariela Morales Antoniazzi, Flavia Piovesan, Ximena Soley
    Abstract:

    This contribution introduces the multiple dimensions of Ius Constitutionale Commune en America Latina (ICCAL), a regional approach in transformative Constitutionalism. The concerns and normative commitments that drive this project are addressed. To this end, the complicated Latin American reality is given center stage: the role of law in society, the role of courts, the state of democracy, and the effects of corruption and private power. Considering that Latin America is a region where Constitutionalism is very much alive and fiercely debated, ICCAL is situated in the rich regional constitutionalist discourse. Its similarities and differences with other strands of Constitutionalism, namely neoConstitutionalism and the new Latin American Constitutionalism, are laid bare.

Related terms

Constitutionalism - 15 days free trial to Access Experts & Abstracts