Results 91 to 100 of about 42,368 (232)

Stabilising contested normative orders: how international city networks contribute to preventing norm decay

Global Constitutionalism
Many global norms are currently facing substantial contestation by various actors. While contestation is a regular practice in norm dynamics, it can potentially result in the destabilisation of norms.
Bastian Loges, Anja P. Jakobi
doaj   +1 more source

Global Constitutionalism - A Critical View

SSRN Electronic Journal, 2016
Drawing on comparative law scholarship this paper discusses global constitutionalism from a critical point of view. Many contemporary authors seem to presume that the idea of constitutionalism must be universal. In agreement with this thinking the commitment to the rule of law, democracy and human rights has arguably become a defining global factor ...
openaire   +1 more source

Out of ‘time out of mind’: The emotional experience of time and the English constitution between the seventeenth and nineteenth centuries

Global Constitutionalism
This article investigates the role of the emotional experiences of time in the constitutional debates of the seventeenth and nineteenth centuries. It posits temporality as a shared, collective and emotional experience, rather than an external and natural
Luiza Tavares da Motta
doaj   +1 more source

International Criminal Law and Constitutionalisation: On Hegemonic Narratives in Progress [PDF]

, 2013
As we move towards constructing narratives regarding the future outlook of global governance, constitutionalisation among them, the hope is that whatever shape this world order takes it will, somehow, forestall or hinder the possibility of a hegemonic ...
Ajevski, Marjan
core  

Judicial globalization from below: Nonjudicial actors and transnational legal communication

Global Constitutionalism
The increase in national courts’ reliance on foreign and international law sources, labeled ‘transnational communication’, has established domestic judges as influential, independent actors in the international legal arena that may promote domestic ...
Thora Giallouri, Elli Menounou
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The quasi-federal constitution? Taxonomical influences on interpretation of federalism in India

Global Constitutionalism
Designating India as a ‘Union of States’ under Article 1, the Constitution of India does not adhere to a federal vocabulary. The perusal of the Constituent Assembly Debates establishes this verbiage to be a deliberate choice.
Nidhi Sharma
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The deliberative right to constitutional silence

Global Constitutionalism
I champion a deliberative right to constitutional silence. It entitles individuals to reflect upon the arguments and reasons in favour or against changing or re-interpreting constitutional content under proper conditions. After reflecting on the place of
Donald Bello Hutt
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Human Capabilities and Human Authorities: A Comment on Martha Nussbaum’s Women and Human Development [PDF]

, 2003
What does it mean to be truly human? And, relatedly, what does it mean to be treated as truly human, and with dignity, by the state, or community, of which one is a part?
West, Robin
core   +1 more source

State functions and corporate power in fragile states: a constitutionalism approach

Global Constitutionalism
In fragile contexts, the state is sometimes unable to effectively perform some of its fundamental functions, such as the provision of public services, law-making, or territorial governance.
Francesco Pipicella
doaj   +1 more source

Sovereignty, Difference & Constitutional Pluralism: The European Union and Canada in Dialog

Global Constitutionalism
Both Canada and the European Union feature multiple overlapping legal systems, each with independent sovereignty claims and distinctive cultural traditions. Courts in both settings have therefore been forced to reckon with ‘constitutional pluralism’.
Keith Cherry
doaj   +1 more source