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| Author | : Takao Suami |
| Publisher | : Cambridge University Press |
| Total Pages | : 625 |
| Release | : 2018-11-29 |
| Genre | : History |
| ISBN | : 1108417116 |
Examines and compares East Asian and European perspectives of Global Constitutionalism.
| Author | : Christine EJ Schwöbel |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 218 |
| Release | : 2011-03-21 |
| Genre | : Law |
| ISBN | : 9004191151 |
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.
| Author | : Anthony F. Lang |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 609 |
| Release | : 2023-11-03 |
| Genre | : Political Science |
| ISBN | : 1802200266 |
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.
| Author | : Beverley Baines |
| Publisher | : Cambridge University Press |
| Total Pages | : 495 |
| Release | : 2012-04-16 |
| Genre | : Law |
| ISBN | : 0521761573 |
Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.
| Author | : Vikram Amar |
| Publisher | : Oxford University Press |
| Total Pages | : 255 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : 0195328116 |
The authors introduce students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, each chapter presents foreign case materials on a particular topic, comparing U.S and other nations' laws.
| Author | : Gábor Halmai |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2014 |
| Genre | : Comparative law |
| ISBN | : 9789462361133 |
This work investigates the problem of how constitutionality and the internationally increasingly accepted global principles of human rights can influence state action, which is still considered sovereign. International human rights regulations are of pre-eminence in this context since they are virtually, by definition, based on limitations of national constitutional law, in order to assert internationally shared constitutional principles. The evolution of international human rights - triggered by the Holocaust trauma - was the first serious challenge pertaining to any kind of domestic action within the sovereignty of states. This new type of global morality that manifests itself in international relations largely owes itself to the emergence of the notion that certain states bear responsibility for the horrors of World War II. The first part will review the resultant limitation of sovereignty in the context of the creation, amendment, and interpretation of national constitutions, seeking to answer the questions of how far the process of internationalization of (national0 constitutional law has progressed. The second part will address the constitutionalization of the small segment of international law that manifest itself in the assertion of international human rights standards in the case law of national courts.
| Author | : Aydin Atilgan |
| Publisher | : Springer |
| Total Pages | : 314 |
| Release | : 2017-11-27 |
| Genre | : Law |
| ISBN | : 3662556472 |
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.
| Author | : Anthony F. Lang, Jr. |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 480 |
| Release | : 2017-10-27 |
| Genre | : |
| ISBN | : 1783477350 |
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.
| Author | : Poul F. Kjaer |
| Publisher | : Routledge |
| Total Pages | : 187 |
| Release | : 2014-04-03 |
| Genre | : Law |
| ISBN | : 1317804813 |
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.
| Author | : Surendra R. Bhandari |
| Publisher | : BRILL |
| Total Pages | : 409 |
| Release | : 2016-04-26 |
| Genre | : Law |
| ISBN | : 900431346X |
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.
