Intercultural Constitutionalism
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Intercultural Constitutionalism
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Author : Salvatore Bonfiglio
language : en
Publisher: Routledge
Release Date : 2018-10-03
Intercultural Constitutionalism written by Salvatore Bonfiglio and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-03 with Law categories.
This book argues that the effective protection of fundamental rights in a contemporary, multicultural society requires not only tolerance and respect for others, but also an ethics of reciprocity and a pursuit of dialogue between different cultures of human rights. Nowadays, all cultures tend to claim an equitable arrangement that can be articulated in the terms of fundamental rights and in the multicultural organization of the State. Starting from the premise that every culture is and always was intercultural, this book elaborates a new, and more fundamentally, pluralist view of the relationship between rights and cultural identity. No culture is pure; from the perspective of an irreducible cultural contamination, this book argues, it is possible to formulate constitutional idea of diversity that is properly intercultural. This concept of intercultural constitutionalism is not, then, based on abstract principles, but nor is it bound to any particular cultural norm. Rather, intercultural constitutionalism allows the interpretation of rights, rules and legal principles, which are established in different contexts.
Global Constitutionalism In International Legal Perspective
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Author : Christine EJ Schwöbel
language : en
Publisher: BRILL
Release Date : 2011-03-21
Global Constitutionalism In International Legal Perspective written by Christine EJ Schwöbel and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-21 with Law categories.
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.
Transnational Constitutionalism
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Author : Nicholas Tsagourias
language : en
Publisher: Cambridge University Press
Release Date : 2007-07-19
Transnational Constitutionalism written by Nicholas Tsagourias 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 2007-07-19 with Law categories.
An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.
Constitutional Democracy In A Multicultural And Globalised World
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Author : Thomas Fleiner
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-01-31
Constitutional Democracy In A Multicultural And Globalised World written by Thomas Fleiner and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-31 with Political Science categories.
After World War II, states transformed into ‘collective fortresses’ in order to protect competing ideological systems. The debate on post-modern statehood heavily built on ideological disputes between liberalism and communism, over the nature of the economic and social system, and the state and government that could sustain such a system. What is an ‘ideologically acceptable’ state-concept; which tasks and fu- tions should the state fulfil, and how to legitimate not only democratic, but also authoritarian and even totalitarian regimes? These questions were at the very centre of state theory. However, after the fall of communism in Europe and the former Soviet Union, the discourse of state and government scholarship radically changed. The need for a profound shift in the state paradigm was emerging. The time after 1989 seemed to proclaim that the nation-state had lost its raison d’être as an island of undisputed and unlimited sovereignty. A globalised world order broke open the ‘fortress state’ that developed within the tradition of European constitutionalism. Given the simultaneous structural changes to the nation-state’s foundations, socio-economic and political reforms going hand in hand with new constitutional designs, the ‘state in transition’ started paving the way towards a new state paradigm, and not only with regard to the states in the process of de- cratic transformation from socialist into liberal constitutional democracies.
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.
Towards World Constitutionalism
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Author : Ronald St. John Macdonald
language : en
Publisher: BRILL
Release Date : 2005-11-01
Towards World Constitutionalism written by Ronald St. John Macdonald and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-11-01 with Law categories.
The world in which we find ourselves today is no longer governable entirely by resort to the classical system of international law. Even more seriously, it would seem that the purposes and principles of the United Nations Charter are no longer being served sufficiently in light of new concerns. The text adopted in 1945 does not convey the image of a world tormented by terrorists. Nor does it reflect the most pressing commitments of our time: to democratic governance, to environmental responsibility, and to a freer and more equitable system of world trade. Increasingly, the international law community acknowledges the need to set new priorities in the development of international law. To that end it seems timely to reconsider the case for strengthening the constitutional framework of norms and institutions that seemed to offer the promise of fulfillment in the second half of the 20th century. The post-Cold War euphoria of the 1990s has virtually evaporated under the stress of new concerns at a time when states comprising the UN system are no longer capable of addressing these challenges. Towards World Constitutionalism argues the case for a more ‘constitutionalized’ system of international law and diplomacy. It is published at a time that the call for reform of the United Nations has become more insistent than at any time in its 60-year history. Even those most faithful to the purposes and principles enunciated in the Charter have had to admit to concerns about the management of certain sectors of the organization; and most concede the unrepresentative character of the powerful Security Council granted legal supremacy as the enforcer of international peace and security. Many go further and complain of unconscionable political bias in the General Assembly and in certain, over politicized, agencies. This collection of essays, by a selection of distinguished scholars representing various traditions of international law, constitutes a major contribution to this debate. It is an important resource for scholars and practitioners, and for all those concerned with the future of international law, and the world community.
Global Constitutionalism And The Path Of International Law
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Author : Surendra R. Bhandari
language : en
Publisher: BRILL
Release Date : 2016-05-04
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 2016-05-04 with Law categories.
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.
Handbook On Global Constitutionalism
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Author : Anthony F. Lang, Jr.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-10-27
Handbook On Global Constitutionalism written by Anthony F. Lang, Jr. 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 2017-10-27 with categories.
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.
The Constitutionalization Of International Law
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Author : Jan Klabbers
language : en
Publisher: OUP Oxford
Release Date : 2011-04-07
The Constitutionalization Of International Law written by Jan Klabbers and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-07 with Law categories.
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
The United Nations Charter As The Constitution Of The International Community
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Author : Bardo Fassbender
language : en
Publisher: BRILL
Release Date : 2009
The United Nations Charter As The Constitution Of The International Community written by Bardo Fassbender and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
The a oeconstitutionalizationa of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from a oeclassicala international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.