A Sociology Of Transnational Constitutions
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A Sociology Of Transnational Constitutions
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Author : Chris Thornhill
language : en
Publisher: Cambridge University Press
Release Date : 2016-09-15
A Sociology Of Transnational Constitutions written by Chris Thornhill and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-15 with History categories.
This book develops a unique sociological approach to the analysis of transnational legal norms. This title is also available as Open Access.
Sociological Constitutionalism
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Author : Paul Blokker
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-12
Sociological Constitutionalism written by Paul Blokker and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-12 with Law categories.
This landmark book provides the first systematic overview of key research in the sociology of constitutions.
Sociology Of Constitutions
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Author : Alberto Febbrajo
language : en
Publisher: Routledge
Release Date : 2016-05-05
Sociology Of Constitutions written by Alberto Febbrajo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-05 with Law categories.
This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.
Constitutionalism In The Global Realm
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Author : Poul F. Kjaer
language : en
Publisher: Routledge
Release Date : 2014-04-03
Constitutionalism In The Global Realm written by Poul F. Kjaer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-03 with Law categories.
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.
Democratic Crisis And Global Constitutional Law
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Author : Christopher Thornhill
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-28
Democratic Crisis And Global Constitutional Law written by Christopher Thornhill and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-28 with Law categories.
Explains the current weakness of democratic polities by addressing paradoxes in constitutional democracy and its theoretical foundations.
A Sociology Of Constitutions
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Author : Chris Thornhill
language : en
Publisher: Cambridge University Press
Release Date : 2011-07-14
A Sociology Of Constitutions written by Chris Thornhill and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-14 with Law categories.
Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.
Transnational Constitution Making
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Author : Alicia Pastor y Camarasa
language : en
Publisher:
Release Date : 2024
Transnational Constitution Making written by Alicia Pastor y Camarasa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Law categories.
"This book examines the largely neglected, but crucial role of transnational actors in democratic constitution-making. The writing or rewriting of constitutions is usually a key moment in democratic transitions. But how exactly does this take place? Most contemporary comparative constitutional literature draws on the concept of constituent power - the power of the people - to address this moment. But what this overlooks, this book argues, is the important role of external, transnational, actors who tend to play a crucial role in the process. Drawing on sociolegal methodologies, but informed by new legal realism, this book develops a new theoretical framework for examining the involvement of such actors in constitution-making. Empirically grounded, the book uncovers a more comprehensive picture of how constitution-making unfolds on the ground. Illuminating the power dynamics at play during the legal process, it reveals not only the wide range of external actors involved, but also the continuity between decolonisation and post-Cold War constitution-making. This book, the first to provide an in-depth examination of external actor involvement in constitution-making, will appeal to scholars of constitutional law, sociolegal studies, law and development, and transitional justice"--
Constitutional Fragments
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Author : Gunther Teubner
language : en
Publisher: OUP Oxford
Release Date : 2012-03-01
Constitutional Fragments written by Gunther Teubner and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-01 with Law categories.
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.
A Sociology Of Constitutions
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Author : Chris Thornhill
language : en
Publisher: Cambridge University Press
Release Date : 2012-11-29
A Sociology Of Constitutions written by Chris Thornhill and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-29 with Law categories.
Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.
Global Technology And Legal Theory
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Author : Guilherme Cintra Guimarães
language : en
Publisher: Routledge
Release Date : 2019-06-05
Global Technology And Legal Theory written by Guilherme Cintra Guimarães and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-05 with Law categories.
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.