Constitutionalism In The Global Realm
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Global Constitutionalism
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Author : Aydin Atilgan
language : en
Publisher: Springer
Release Date : 2017-11-27
Global Constitutionalism written by Aydin Atilgan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-27 with Law categories.
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 From European And East Asian Perspectives
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Author : Takao Suami
language : en
Publisher: Cambridge University Press
Release Date : 2018-11-29
Global Constitutionalism From European And East Asian Perspectives written by Takao Suami 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 2018-11-29 with History categories.
Examines and compares East Asian and European perspectives of Global Constitutionalism.
Beyond Constitutionalism
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Author : Nico Krisch
language : en
Publisher: Oxford University Press, USA
Release Date : 2010-10-28
Beyond Constitutionalism written by Nico Krisch and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-28 with Law categories.
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
New Constitutionalism And World Order
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Author : Stephen Gill
language : en
Publisher: Cambridge University Press
Release Date : 2014
New Constitutionalism And World Order written by Stephen Gill 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 2014 with Globalization categories.
This path-breaking collection analyzes the dialectic between legal and constitutional innovations intended to inscribe corporate power and market disciplines in world order, and the potential for challenges and alternative frameworks of governance to emerge. It provides a comprehensive approach to neoliberal constitutionalism and regulation and limits to policy autonomy of states, and how this disciplines populations according to the intensifying demands of corporations and market forces in global market civilization. Contributors examine global and local public policy challenges and consider if the ongoing crises of capitalism and world order offer states and societies opportunities to challenge this loss of policy autonomy and potentially to refashion world order. Integrating approaches to governance and world order from both leading and emerging scholars, this is an innovative, indispensable source for policymakers, civil society organizations, professionals and students in law, politics, economics, sociology, philosophy and international relations
Global Environmental Constitutionalism In The Anthropocene
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Author : Louis J Kotzé
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-09-22
Global Environmental Constitutionalism In The Anthropocene written by Louis J Kotzé and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-22 with Law categories.
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.
The Sovereignty Of Human Rights
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Author : Patrick Macklem
language : en
Publisher: Oxford University Press
Release Date : 2015-08-20
The Sovereignty Of Human Rights written by Patrick Macklem and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-20 with Law categories.
The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.
Constitutionalism In Global Constitutionalisation
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Author : Aoife O'Donoghue
language : en
Publisher: Cambridge University Press
Release Date : 2014-06-05
Constitutionalism In Global Constitutionalisation written by Aoife O'Donoghue 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 2014-06-05 with Law categories.
Aoife O'Donoghue explains why normative constitutionalism must underpin the global constitutionalisation debate if it is to realise its critical potential.
Handbook On Global Constitutionalism
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Author : Anthony F. Lang
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03
Handbook On Global Constitutionalism written by Anthony F. Lang and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-03 with Political Science categories.
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.
Globalization And Sovereignty
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Author : Jean L. Cohen
language : en
Publisher: Cambridge University Press
Release Date : 2012-08-02
Globalization And Sovereignty written by Jean L. Cohen 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 2012-08-02 with Political Science categories.
Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
Global Constitutionalism And The Path Of International Law
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Author : Surendra R. Bhandari
language : en
Publisher: BRILL
Release Date : 2016-04-26
Global Constitutionalism And The Path Of International Law written by Surendra R. Bhandari and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-26 with Law categories.
In Global Constitutionalism and the Path of International Law, Surendra Bhandari succinctly offers an account of the most important growth and features of international law from the perspectives of global constitutionalism. The author examines the concept from its constitutive features and the operative standards or modus operandi. These two aspects offer a new and innovative methodology in explicating the theory of ‘global constitutionalism’. By examining three cases: international trade (WTO), human rights, and the role of Security Council, the author demonstrates how the idea of global constitutionalism is shaping and deepening the path of international law in the 21st century and elucidates the development of international law as a body of positive rules.