Download or read book Constitutionalizing Globalization written by Daniel Judah Elazar and published by Rowman & Littlefield. This book was released on 1998 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gradual development of appropriate constitutional mechanisms and controls is part of a general shift from modern statism to postmodern federalism. Reliance on the sovereignty of the nation-state, which marked the era from the Treaty of Westphalia in 1648 to the end of World War II, gave way to the beginning of a world order that links states in various ways through enforceable constitutional bonds. These trends have been recognized by students both of federalism and of international relations. Constitutionalizing Globalization is the first book to join the perspectives of both in order to explain the new paradigm.
Download or read book Constitutionalizing Economic Globalization written by David Schneiderman and published by Cambridge University Press. This book was released on 2008-03-27 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions – between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.
Download or read book Constitutionalizing Economic Globalization written by David Schneiderman and published by Cambridge University Press. This book was released on 2008-03-27 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions - between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.
Download or read book Constitutional Fragments written by Gunther Teubner and published by OUP Oxford. This book was released on 2012-03-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Constitutionalization of International Law written by Jan Klabbers and published by OUP Oxford. This book was released on 2009-10-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Abusive Constitutional Borrowing written by Rosalind Dixon and published by Oxford University Press. This book was released on 2021-07-08 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative "borrowing". But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Download or read book Constitutional Rights After Globalization written by Gavin W. Anderson and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Rights after Globalization juxtaposes the globalization of the economy and the worldwide spread of constitutional charters of rights. The shift of political authority to powerful economic actors entailed by neo-liberal globalization challenges the traditional state-centred focus of constitutional law. Contemporary debate has responded to this challenge in normative terms, whether by reinterpreting rights or redirecting their ends, e.g. to reach private actors. However, globalization undermines the liberal legalist epistemology on which these approaches rest, by positing the exis.
Download or read book Constitutional Engagement in a Transnational Era written by Vicki Jackson and published by Oxford University Press, USA. This book was released on 2013-05-30 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Engagement in a Transnational Era explores how transnational phenomena affect our understanding of the role of constitutions and of courts in deciding constitutional cases. In it, Vicki Jackson looks at constitutional court decisions from around the world, and identifying postures of resistance, convergence or engagement with international and foreign law.
Download or read book Global Constitutionalism written by Aydin Atilgan and published by Springer. This book was released on 2017-11-27 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Global Constitutionalism from European and East Asian Perspectives written by Takao Suami and published by Cambridge University Press. This book was released on 2018-11-29 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines and compares East Asian and European perspectives of Global Constitutionalism.
Download or read book Handbook on Global Constitutionalism written by Anthony F. Lang, Jr. and published by Edward Elgar Publishing. This book was released on 2017-10-27 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book New Constitutionalism and World Order written by Stephen Gill and published by Cambridge University Press. This book was released on 2014 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book The Global Debate Over Constitutional Property written by Gregory S. Alexander and published by University of Chicago Press. This book was released on 2006-07-15 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries around the world are heatedly debating whether property should be a constitutional right. But American lawyers have largely ignored this debate, which is divided into two clear camps: those who believe making property a constitutional right undermines democracy by fostering inequality, and those who believe it provides the security necessary to make democracy possible. In The Global Debate over Constitutional Property, Gregory Alexander recasts this discussion, arguing that both sides overlook a key problem: that constitutional protection, or lack thereof, has little bearing on how a society actually treats property. A society’s traditions and culture, Alexander argues, have a much greater effect on property rights. Laws must aim, then, to change cultural ideas of property, rather than deem whether one has the right to own it. Ultimately, Alexander builds a strong case for improving American takings law by borrowing features from the laws of other countries—particularly those laws based on the idea that owning property not only confers rights, but also entails responsibilities to society as a whole.
Download or read book Making Globalization Happen written by Vijayashri Sripati and published by Oxford University Press. This book was released on 2024-03-25 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Making Globalization Happen: The Untold Story of Power, Profits, Privilege, Sripati explains how, when, through which entities, and for what purposes economic globalization was catalyzed and its effects on the Global South in general and South Asia in particular. Based on an innovative international constitutional political economy framework, Sripati examines how the Western classical liberal constitution has shaped international law developments in this post-colonial era given its salience and comprehensive scope. Presenting a comprehensive narrative of economic globalization, Making Globalization Happen accurately and comprehensively links constitutional globalization to the following UN family-created agendas: peacebuilding, conflict prevention, human security, protection of civilians, sustainable development, global war on terrorism, women, peace, and security, poverty reduction or market-oriented development, ending conflict-related sexual violence, and justice (climate, criminal, and transitional). Sripati simultaneously provides the missing constitutional foundation for globalization and the fields that it has spawned: global studies and law and political economy. With these ground-breaking insights, Making Globalization Happen: The Untold Story of Power, Profits, Privilege clearly illustrates who drove constitutional globalization and for whose benefit: the UN family and transnational capitalists. Thus, it rips away the facade of UN family-driven peace, justice, human rights, democracy, and development to expose it as a narrative of power, profit, and privilege for transnational capitalists and debt, death, and despair for the Global South.
Download or read book Handbook on Global Constitutionalism written by Anthony F. Lang and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Global Constitutionalism in International Legal Perspective written by Christine EJ Schwöbel and published by Martinus Nijhoff Publishers. This book was released on 2011-03-21 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Multinationals and the Constitutionalization of the World Power System written by Jean-Philippe Robe and published by Routledge. This book was released on 2016-06-03 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations. The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law. The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leaders and NGOs working in the areas of MNE regulations.
