Towards World Constitutionalism PDF Download
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Author | : Ronald MacDonald |
Publisher | : Brill Nijhoff |
Total Pages | : 0 |
Release | : 2005 |
Genre | : Constitutional law |
ISBN | : 9789004146129 |
Download Towards World Constitutionalism Book in PDF, ePub and Kindle
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.
Author | : Ronald St. John Macdonald |
Publisher | : BRILL |
Total Pages | : 986 |
Release | : 2005-11-01 |
Genre | : Law |
ISBN | : 9047415914 |
Download Towards World Constitutionalism Book in PDF, ePub and Kindle
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.
Author | : Ran Hirschl |
Publisher | : Harvard University Press |
Total Pages | : 306 |
Release | : 2009-06-30 |
Genre | : Law |
ISBN | : 9780674038677 |
Download Towards Juristocracy Book in PDF, ePub and Kindle
In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
Author | : Christine EJ Schwöbel |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 218 |
Release | : 2011-03-21 |
Genre | : Law |
ISBN | : 9004191151 |
Download Global Constitutionalism in International Legal Perspective Book in PDF, ePub and Kindle
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 | : Ruth Rubio-Marin |
Publisher | : Cambridge University Press |
Total Pages | : 405 |
Release | : 2022-10-06 |
Genre | : Law |
ISBN | : 1316827585 |
Download Global Gender Constitutionalism and Women's Citizenship Book in PDF, ePub and Kindle
Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.
Author | : Anne Peters |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 378 |
Release | : 2015-01-27 |
Genre | : Law |
ISBN | : 9004251634 |
Download Immunities in the Age of Global Constitutionalism Book in PDF, ePub and Kindle
The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book consists of five parts: ‘State Immunity – National Practice’; State Immunity before the ICJ – The case Germany v Italy; ‘Commercial Activities and State Immunity’; ‘Immunity and Impunity’; and ‘Immunities of International Organisations’. Although immunities are in principle firmly anchored in international law, their precise legal implications are often unclear. The book takes up a number of new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.
Author | : Kai Möller |
Publisher | : Oxford University Press |
Total Pages | : 239 |
Release | : 2012-10-25 |
Genre | : Law |
ISBN | : 0199664609 |
Download The Global Model of Constitutional Rights Book in PDF, ePub and Kindle
The rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.
Author | : Poul F. Kjaer |
Publisher | : Routledge |
Total Pages | : 226 |
Release | : 2014-04-03 |
Genre | : Law |
ISBN | : 1317804805 |
Download Constitutionalism in the Global Realm Book in PDF, ePub and Kindle
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 | : Takao Suami |
Publisher | : Cambridge University Press |
Total Pages | : 625 |
Release | : 2018-11-29 |
Genre | : History |
ISBN | : 1108417116 |
Download Global Constitutionalism from European and East Asian Perspectives Book in PDF, ePub and Kindle
Examines and compares East Asian and European perspectives of Global Constitutionalism.
Author | : Anthony F. Lang |
Publisher | : Edward Elgar Publishing |
Total Pages | : 609 |
Release | : 2023-11-03 |
Genre | : Political Science |
ISBN | : 1802200266 |
Download Handbook on Global Constitutionalism Book in PDF, ePub and Kindle
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.