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Comparative political process theory II

open access: yesGlobal Constitutionalism
This article aims to continue the recent neo-Elyean turn in comparative constitutional scholarship by further exploring the role of the courts in supporting and protecting democracy. In so doing, it refines and develops my previous work on the topic, and
Stephen Gardbaum
doaj   +1 more source

Taming governance with legality? Critical reflections upon global administrative law as small-c global constitutionalism [PDF]

open access: yes
The project of global administrative law has stood out from various efforts to tame global governance with the rule of law. By enhancing transparency and accountability, global administrative law is expected to improve the policy output of global ...
Kuo, Ming-Sung
core  

The Coming Multi-Order World [PDF]

open access: yes, 2016
The article shows that the current international system is changing towards a completely new form of international system, conceptualized as a multi-order system. The suggestion for a multi-order world stands in contrast to three current narratives about
Flockhart, Trine
core   +1 more source

The European Social Contract—A Discursive Tool to Imagine Europe and Manage Existential Anxieties

open access: yesEuropean Law Journal, Volume 32, Issue 1, Page 122-143, April 2026.
ABSTRACT In this article, I examine the European social contract as a political discourse. The concept has emerged as a catchy but politically‐laden concept within EU politics during Europe's polycrisis period. It has been employed by practitioners, civil society actors and politicians, with each referring to different kinds of contracts and often ...
Acar Kutay
wiley   +1 more source

Representation Reinforcement in the European Court of Human Rights

open access: yesGlobal Constitutionalism
The European Court of Human Rights has long been cast as a defender of democracy in Europe. Yet, this idea has not always been at the core of the Court’s perception in the literature or indeed aligned with its jurisprudence which are often viewed in more
Michaela Hailbronner, Lisa Kujus
doaj   +1 more source

The Confines of Modern Constitutionalism [PDF]

open access: yes, 2004
[Excerpt] Constitutionalism is an ambiguous concept, or at least the term is used in ambiguous ways. Virtually every political theorist of the modern period, certainly during the last two hundred years or more, has used the concept of a political ...
Butleritchie, David T.
core   +1 more source

Welfare States and the Green Transition: Towards an EU Eco‐Social Contract

open access: yesEuropean Law Journal, Volume 32, Issue 1, Page 162-179, April 2026.
ABSTRACT This article examines how climate change and climate‐related policies can destabilise the EU social contract. The article uses the welfare‐state lens that places social protection at the core of a feasible and legitimate green transition to understand this destabilisation.
Alberto Barrio Fernandez   +1 more
wiley   +1 more source

The hydra and the sword: Constitutional amendments, political process, and the BBI case in Kenya

open access: yesGlobal Constitutionalism
This study examines the landmark rulings in the “BBI Case”, adjudicated successively by the High Court, Court of Appeal, and Supreme Court of Kenya, from the perspective of comparative political process theory [“CPPT”].
Gautam Bhatia
doaj   +1 more source

Global Constitutionalism: Editorial Introduction [PDF]

open access: yesNetherlands International Law Review, 2019
Ryngaert, C.M.J.   +3 more
openaire   +1 more source

Cloistered justice: The opposing trends of barricade and respective secrecy

open access: yesJournal of Law and Society, Volume 53, Issue S1, Page S93-S112, April 2026.
Abstract Two recent reports illustrate contrasting trends in open justice exceptions conceptualised as respective and barricade secrecy. Respective secrecy protects the parties involved and their constitutive social ties and, as evaluation report into the Family Court Transparency Pilot indicates, has been shrinking.
LYDIA MORGAN
wiley   +1 more source

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