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Constitutionalism in Global Constitutionalisation
, 2014 Constitutionalism offers a governance order a set of normative values including, amongst others, the rule of law, divisions of power and democratic legitimacy. These normative values regulate the relationship between constituent and constituted power holders.
O'Donoghue, Aoife,
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The Politics of Global Constitutionalism
Vienna Online Journal on International Constitutional Law, 2017 The article argues that no understanding of global constitutionalism will be complete without a thorough discussion of its political dimension. The current state of scholarship on global constitutionalism is dominated by discussions of legal elements ...
Ekaterina Yahyaoui Krivenko
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SSRN Electronic Journal, 2017
The chapter argues that the traditional trinity of global constitutionalism can and should be extended to cover a fourth, a social limb. Just as national constitutionalism has embraced the social question, global constitutionalism needs to do the same in times of globalisation fatigue. To this end, global constitutionalism can build on and push further
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The chapter argues that the traditional trinity of global constitutionalism can and should be extended to cover a fourth, a social limb. Just as national constitutionalism has embraced the social question, global constitutionalism needs to do the same in times of globalisation fatigue. To this end, global constitutionalism can build on and push further
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A Globalizing Constitutionalism?
International Sociology, 2003This article uses primary data from the constitutional texts of 91 postcolonial nations (over the course of the latter part of the 20th century) to question the effects of global political norms upon documentary constitutionalism. The independence constitutions were strongly influenced by intra-imperial and transnational lines of circulation, but not ...
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(Global) Constitutionalism and the Geopolitics of Knowledge
, 2020 Is (global) constitutionalism epistemologically colonized? What does epistemic coloniality in (global) constitutionalism mean if one takes material conditions seriously?
Christine Schwöbel-Patel +1 more
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How Global Is Global Constitutionalism?
SSRN Electronic Journal, 2014This paper is a comment on Kai Moller, The Global Model of Constitutional Rights (Oxford University Press 2012). In his book, Moller aims to develop a theory of rights which could explain the main features of what he calls the "global model of constitutional rights." These main features are: rights inflation, positive obligations and socio-economic ...
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Contemporary Constitutionalism to Understand Global Constitutionalism
2017Finally in this chapter, viability of the global constitutionalism discourse will be examined with regard to its capability to reflect contemporary constitutionalism. As discussed in the previous chapter, contemporary constitution has narrower and broader meanings, which are required to reflect its complexity. We employed Grimm’s criterion of “Achieved
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