Global Constitutionalism in International Legal Perspective

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Martinus Nijhoff Publishers, Mar 21, 2011 - Law - 205 pages
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The question of whether a global constitution exists or is emerging, and if so, what form it takes, is one of the most intriguing and controversial topics of recent international theory. This book examines public international law contributions to the debate, specifically taking a step back to enquire about the underlying assumptions that inform this debate. While contemporary contributors declare the idea of global constitutionalism to be global, this book reveals and interrogates the underlying liberal democratic themes that define prevailing approaches, thus calling universality into question. Drawing on critical theories within and without the international legal discipline, this book suggests a reconceptualisation of global constitutionalism in terms of what is named organic global constitutionalism . The book thus addresses significant shortcomings and illuminates necessary reorientations to a field that is currently still in the crucial phase of formation.
 

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Contents

Introduction
1
Chapter One Dimensions of Global Constitutionalism in Public International Law
11
Chapter Two A Historical Analysis of Key Themes of Global Constitutionalism
51
Chapter Three Questioning the Contributions of Public International Law to the Debate on Global Constitutionalism
87
Chapter Four A Suggestion for a Reorientation of the Debate towards Organic Global Constitutionalism
133
Chapter Five A Practical Approach to Organic Global Constitutionalism
167
Conclusion
189
Bibliography
193
Index
203
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About the author (2011)

Christine E. J. Schw bel, Ph.D. (2009) King s College London, LLM (2006) City University London, is research fellow at the Grotius Centre for International Legal Studies, Leiden University.

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