New Constitutionalism and World Order

New Constitutionalism and World Order

Author: Stephen Gill

Publisher: Cambridge University Press

Published: 2014

Total Pages: 387

ISBN-13: 1107053692

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This path-breaking collection analyzes the dialectic between legal and constitutional innovations intended to inscribe corporate power and market disciplines in world order, and the potential for challenges and alternative frameworks of governance to emerge. It provides a comprehensive approach to neoliberal constitutionalism and regulation and limits to policy autonomy of states, and how this disciplines populations according to the intensifying demands of corporations and market forces in global market civilization. Contributors examine global and local public policy challenges and consider if the ongoing crises of capitalism and world order offer states and societies opportunities to challenge this loss of policy autonomy and potentially to refashion world order. Integrating approaches to governance and world order from both leading and emerging scholars, this is an innovative, indispensable source for policymakers, civil society organizations, professionals and students in law, politics, economics, sociology, philosophy and international relations


Book Synopsis New Constitutionalism and World Order by : Stephen Gill

Download or read book New Constitutionalism and World Order written by Stephen Gill and published by Cambridge University Press. This book was released on 2014 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This path-breaking collection analyzes the dialectic between legal and constitutional innovations intended to inscribe corporate power and market disciplines in world order, and the potential for challenges and alternative frameworks of governance to emerge. It provides a comprehensive approach to neoliberal constitutionalism and regulation and limits to policy autonomy of states, and how this disciplines populations according to the intensifying demands of corporations and market forces in global market civilization. Contributors examine global and local public policy challenges and consider if the ongoing crises of capitalism and world order offer states and societies opportunities to challenge this loss of policy autonomy and potentially to refashion world order. Integrating approaches to governance and world order from both leading and emerging scholars, this is an innovative, indispensable source for policymakers, civil society organizations, professionals and students in law, politics, economics, sociology, philosophy and international relations

A New Constitutionalism

A New Constitutionalism

Author: Stephen L. Elkin

Publisher: University of Chicago Press

Published: 1993-06-15

Total Pages: 251

ISBN-13: 0226204642

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In The New Constitutionalism, seven distinguished scholars develop an innovative perspective on the power of institutions to shape politics and political life. Believing that constitutionalism needs to go beyond the classical goal of limiting the arbitrary exercise of political power, the contributors argue that it should—and can—be designed to achieve economic efficiency, informed democratic control, and other valued political ends. More broadly, they believe that political and social theory needs to turn away from the negativism of critical theory to consider how a good society should be "constituted" and to direct the work of designing institutions that can constitute a "good polity," in both the economic and civic senses. Stephen L. Elkin and Karol Edward Soltan begin with an overview of constitutionalist theory and a discussion of the new constitutionalism within the broader intellectual and historical context of political and social thought. Charles Anderson, James Ceaser, and the editors then offer different interpretations of the central issues regarding institutional design in a constitutionalist social science, consider various ways of performing the task, and discuss the inadequacy of recent political science to the job it ought to be doing. The book concludes with essays by Ted Lowi, Cass Sunstein and Edwin Haefele which apply these themes to the American regime.


Book Synopsis A New Constitutionalism by : Stephen L. Elkin

Download or read book A New Constitutionalism written by Stephen L. Elkin and published by University of Chicago Press. This book was released on 1993-06-15 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The New Constitutionalism, seven distinguished scholars develop an innovative perspective on the power of institutions to shape politics and political life. Believing that constitutionalism needs to go beyond the classical goal of limiting the arbitrary exercise of political power, the contributors argue that it should—and can—be designed to achieve economic efficiency, informed democratic control, and other valued political ends. More broadly, they believe that political and social theory needs to turn away from the negativism of critical theory to consider how a good society should be "constituted" and to direct the work of designing institutions that can constitute a "good polity," in both the economic and civic senses. Stephen L. Elkin and Karol Edward Soltan begin with an overview of constitutionalist theory and a discussion of the new constitutionalism within the broader intellectual and historical context of political and social thought. Charles Anderson, James Ceaser, and the editors then offer different interpretations of the central issues regarding institutional design in a constitutionalist social science, consider various ways of performing the task, and discuss the inadequacy of recent political science to the job it ought to be doing. The book concludes with essays by Ted Lowi, Cass Sunstein and Edwin Haefele which apply these themes to the American regime.

New Constitutionalism in Latin America

New Constitutionalism in Latin America

Author: Almut Schilling-Vacaflor

Publisher: Routledge

Published: 2016-04-29

Total Pages: 436

ISBN-13: 1317088638

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Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.


Book Synopsis New Constitutionalism in Latin America by : Almut Schilling-Vacaflor

Download or read book New Constitutionalism in Latin America written by Almut Schilling-Vacaflor and published by Routledge. This book was released on 2016-04-29 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

Towards Juristocracy

Towards Juristocracy

Author: Ran Hirschl

Publisher: Harvard University Press

Published: 2009-06-30

Total Pages: 306

ISBN-13: 9780674038677

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In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.


Book Synopsis Towards Juristocracy by : Ran Hirschl

Download or read book Towards Juristocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2009-06-30 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.

A New Introduction to American Constitutionalism

A New Introduction to American Constitutionalism

Author: Mark A. Graber

Publisher: Oxford University Press

Published: 2015-03-06

Total Pages: 307

ISBN-13: 0190245239

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A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution, ? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.


Book Synopsis A New Introduction to American Constitutionalism by : Mark A. Graber

Download or read book A New Introduction to American Constitutionalism written by Mark A. Graber and published by Oxford University Press. This book was released on 2015-03-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution, ? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.

Global Intellectual Property Protection and New Constitutionalism

Global Intellectual Property Protection and New Constitutionalism

Author: Jonathan Griffiths

Publisher: Oxford University Press

Published: 2022-02-14

Total Pages: 401

ISBN-13: 0198863160

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The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of "new constitutionalism", the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering. This collection aims to illuminate the complex role of this constitutional framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects and interpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader constitutional norms is significant. These contexts range from Art 17 of the EU's Digital Single Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.


Book Synopsis Global Intellectual Property Protection and New Constitutionalism by : Jonathan Griffiths

Download or read book Global Intellectual Property Protection and New Constitutionalism written by Jonathan Griffiths and published by Oxford University Press. This book was released on 2022-02-14 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of "new constitutionalism", the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering. This collection aims to illuminate the complex role of this constitutional framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects and interpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader constitutional norms is significant. These contexts range from Art 17 of the EU's Digital Single Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.

Constitutionalism and American Culture

Constitutionalism and American Culture

Author: Sandra F. VanBurkleo

Publisher:

Published: 2002

Total Pages: 472

ISBN-13:

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Cultural history and themendment : New York Times v. Sullivan and its times / Kermit L. Hall -- New directions in American constitutional history -- Words as hard as cannon-balls : women's rights agitation -- And liberty of speech in nineteenth-century America / Sandra F. VanBurkleo -- Race, state, market, and civil society in constitutional history / Mark Tushnet -- Constitutional history and the "cultural turn" : cross -- Examining the legal-reelist narratives of Henry Fonda / Norman L. Rosenberg -- Contributors


Book Synopsis Constitutionalism and American Culture by : Sandra F. VanBurkleo

Download or read book Constitutionalism and American Culture written by Sandra F. VanBurkleo and published by . This book was released on 2002 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural history and themendment : New York Times v. Sullivan and its times / Kermit L. Hall -- New directions in American constitutional history -- Words as hard as cannon-balls : women's rights agitation -- And liberty of speech in nineteenth-century America / Sandra F. VanBurkleo -- Race, state, market, and civil society in constitutional history / Mark Tushnet -- Constitutional history and the "cultural turn" : cross -- Examining the legal-reelist narratives of Henry Fonda / Norman L. Rosenberg -- Contributors

The New Commonwealth Model of Constitutionalism

The New Commonwealth Model of Constitutionalism

Author: Stephen Gardbaum

Publisher: Cambridge University Press

Published: 2013-01-03

Total Pages: 275

ISBN-13: 1107009286

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Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.


Book Synopsis The New Commonwealth Model of Constitutionalism by : Stephen Gardbaum

Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

A New Constitutionalism

A New Constitutionalism

Author: Stephen L. Elkin

Publisher: University of Chicago Press

Published: 1993-06-15

Total Pages: 251

ISBN-13: 0226204642

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In The New Constitutionalism, seven distinguished scholars develop an innovative perspective on the power of institutions to shape politics and political life. Believing that constitutionalism needs to go beyond the classical goal of limiting the arbitrary exercise of political power, the contributors argue that it should—and can—be designed to achieve economic efficiency, informed democratic control, and other valued political ends. More broadly, they believe that political and social theory needs to turn away from the negativism of critical theory to consider how a good society should be "constituted" and to direct the work of designing institutions that can constitute a "good polity," in both the economic and civic senses. Stephen L. Elkin and Karol Edward Soltan begin with an overview of constitutionalist theory and a discussion of the new constitutionalism within the broader intellectual and historical context of political and social thought. Charles Anderson, James Ceaser, and the editors then offer different interpretations of the central issues regarding institutional design in a constitutionalist social science, consider various ways of performing the task, and discuss the inadequacy of recent political science to the job it ought to be doing. The book concludes with essays by Ted Lowi, Cass Sunstein and Edwin Haefele which apply these themes to the American regime.


Book Synopsis A New Constitutionalism by : Stephen L. Elkin

Download or read book A New Constitutionalism written by Stephen L. Elkin and published by University of Chicago Press. This book was released on 1993-06-15 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The New Constitutionalism, seven distinguished scholars develop an innovative perspective on the power of institutions to shape politics and political life. Believing that constitutionalism needs to go beyond the classical goal of limiting the arbitrary exercise of political power, the contributors argue that it should—and can—be designed to achieve economic efficiency, informed democratic control, and other valued political ends. More broadly, they believe that political and social theory needs to turn away from the negativism of critical theory to consider how a good society should be "constituted" and to direct the work of designing institutions that can constitute a "good polity," in both the economic and civic senses. Stephen L. Elkin and Karol Edward Soltan begin with an overview of constitutionalist theory and a discussion of the new constitutionalism within the broader intellectual and historical context of political and social thought. Charles Anderson, James Ceaser, and the editors then offer different interpretations of the central issues regarding institutional design in a constitutionalist social science, consider various ways of performing the task, and discuss the inadequacy of recent political science to the job it ought to be doing. The book concludes with essays by Ted Lowi, Cass Sunstein and Edwin Haefele which apply these themes to the American regime.

Digital Constitutionalism in Europe

Digital Constitutionalism in Europe

Author: Giovanni De Gregorio

Publisher: Cambridge University Press

Published: 2022-05-26

Total Pages: 383

ISBN-13: 1009080717

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This book is about rights and powers in the digital age. It is an attempt to reframe the role of constitutional democracies in the algorithmic society. By focusing on the European constitutional framework as a lodestar, this book examines the rise and consolidation of digital constitutionalism as a reaction to digital capitalism. The primary goal is to examine how European digital constitutionalism can protect fundamental rights and democratic values against the charm of digital liberalism and the challenges raised by platform powers. Firstly, this book investigates the reasons leading to the development of digital constitutionalism in Europe. Secondly, it provides a normative framework analysing to what extent European constitutionalism provides an architecture to protect rights and limit the exercise of unaccountable powers in the algorithmic society. This title is also available as open access on Cambridge Core.


Book Synopsis Digital Constitutionalism in Europe by : Giovanni De Gregorio

Download or read book Digital Constitutionalism in Europe written by Giovanni De Gregorio and published by Cambridge University Press. This book was released on 2022-05-26 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about rights and powers in the digital age. It is an attempt to reframe the role of constitutional democracies in the algorithmic society. By focusing on the European constitutional framework as a lodestar, this book examines the rise and consolidation of digital constitutionalism as a reaction to digital capitalism. The primary goal is to examine how European digital constitutionalism can protect fundamental rights and democratic values against the charm of digital liberalism and the challenges raised by platform powers. Firstly, this book investigates the reasons leading to the development of digital constitutionalism in Europe. Secondly, it provides a normative framework analysing to what extent European constitutionalism provides an architecture to protect rights and limit the exercise of unaccountable powers in the algorithmic society. This title is also available as open access on Cambridge Core.