Politics and constitutional jurisgenesis: A cautionary note on political constitutionalism
Sign Up to like & getrecommendations! Published in 2018 at "Global Constitutionalism"
DOI: 10.1017/s2045381718000047
Abstract: Abstract: This article aims to provide an alternative account of political constitutionalism by situating it in a broader process of constitutional politics than the traditional court vs parliament debate has suggested. Drawing upon Robert Cover’s… read more here.
Keywords: constitutional politics; constitutionalism; constitutional jurisgenesis; politics constitutional ... See more keywords
Global public–private partnerships and the new constitutionalism of the refugee regime
Sign Up to like & getrecommendations! Published in 2018 at "Global Constitutionalism"
DOI: 10.1017/s2045381718000102
Abstract: Abstract: Since the early 2000s, regimes and institutions of global governance have undergone a paradigmatic shift in their relations with multinational corporations. The United Nations, in particular, has increasingly embraced big business as ‘partner’ in… read more here.
Keywords: global constitutionalism; public private; refugee; constitutionalism ... See more keywords
The ideologies of global constitutionalism
Sign Up to like & getrecommendations! Published in 2019 at "Global Constitutionalism"
DOI: 10.1017/s204538171800031x
Abstract: Abstract: This introduction sets the stage for the special issue on the ‘ideologies of global constitutionalism’. It describes the competing approaches for conceptualising and analysing global constitutionalism. It then turns to highlight the overlooked ideologies… read more here.
Keywords: constitutionalism; ideologies global; global constitutionalism; constitutionalism ideologies ... See more keywords
Cosmopolitan constitutionalism: The case of the European Convention
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DOI: 10.1017/s2045381720000076
Abstract: Abstract Owing to the vagaries of the ‘constitutionalization’ of the European Union, legal scholarship has disregarded the momentous constitutional transformation brought about by the European Convention System. This is regrettable, not least because the Convention… read more here.
Keywords: cosmopolitan constitutionalism; case european; convention; constitutionalism case ... See more keywords
Dialogic constitutionalism and judicial review
Sign Up to like & getrecommendations! Published in 2020 at "Global Constitutionalism"
DOI: 10.1017/s204538172000012x
Abstract: Abstract In A Cosmopolitan Legal Order: Kant, Constitutional Justice and the European Convention on Human Rights, Alec Stone Sweet and Clare Ryan reconstruct Kant’s legal philosophy as a program of cosmopolitan legal order (CLO). A… read more here.
Keywords: philosophy; judicial review; dialogic constitutionalism; constitutionalism ... See more keywords
Deliberative constitutionalism ‘without shortcuts’: On the deliberative potential of Cristina Lafont’s judicial review theory
Sign Up to like & getrecommendations! Published in 2022 at "Global Constitutionalism"
DOI: 10.1017/s2045381722000211
Abstract: Deliberative constitutionalism is one of the most important developments of recent decades in constitutional theory and practice. It is in this context that Cristina Lafont’s Democracy Without Shortcuts was published. Lafont’s theory provides an opportunity… read more here.
Keywords: constitutionalism; judicial review; theory; deliberative constitutionalism ... See more keywords
Gill in Brussels? Towards (re)locating new constitutionalism
Sign Up to like & getrecommendations! Published in 2018 at "European Politics and Society"
DOI: 10.1080/23745118.2017.1391513
Abstract: ABSTRACT A number of scholars draw on Gill’s new constitutionalism as they engage and critique the outcomes of what is viewed as a neoliberal shift toward new legal norms in policymaking and regulation. This article… read more here.
Keywords: constitutionalism; towards locating; gill brussels; brussels towards ... See more keywords
Straumann’s Roman constitutionalism and Machiavelli’s commentary on the Roman Republic
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DOI: 10.1080/23801883.2018.1496634
Abstract: ABSTRACT This article examines the important contributions to the scholarship of Benjamin Straumann’s Crisis and Constitutionalism: Roman Political Thought from the Fall of the Republic to the Age of Revolution. Straumann argues that Cicero elaborated… read more here.
Keywords: straumann roman; straumann; constitutionalism; roman constitutionalism ... See more keywords
Populism as a constitutional project
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DOI: 10.1093/icon/moz028
Abstract: The engagement of conservative, populist governments with constitutional reform and constitution-making is perceived as a significant threat to the rule of law and democracy within the European Union. Constitutionalists often assume a relation of mutual… read more here.
Keywords: populism constitutional; constitutionalism; constitutional project; liberal constitutionalism ... See more keywords
Constitutionalism and Development: A Mismatch or a Dream-Team?
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DOI: 10.1515/ldr-2019-0041
Abstract: Abstract This article examines the conceptual and historical relationship between constitutionalism and development. It argues that the communities that represent these two ideas have had little engagement, and yet there is a good deal of… read more here.
Keywords: mismatch dream; constitutionalism; dream team; constitutionalism development ... See more keywords
Constitutionalism, Cheap Indeterminism and the Grounding Problem
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DOI: 10.1515/mp-2018-0001
Abstract: Abstract Thomas Sattig has argued recently that constitutionalism renders determinism about the actual world false, just in virtue of ordinary facts about ordinary middle-sized material objects. However, it seems that, if determinism about the actual… read more here.
Keywords: grounding problem; indeterminism grounding; cheap indeterminism; constitutionalism ... See more keywords