Global Constitutionalism - A Critical View
19 Pages Posted: 15 Dec 2016
Date Written: December 1, 2016
Drawing on comparative law scholarship this paper discusses global constitutionalism from a critical point of view. Many contemporary authors seem to presume that the idea of constitutionalism must be universal. In agreement with this thinking the commitment to the rule of law, democracy and human rights has arguably become a defining global factor. Allegedly, constitutionalism is regarded as relevant not only in the context of States but also when we assess and interpret development of law beyond the State. This paper analyses underlying themes and calls the universality of global constitutionalism into question.
Keywords: Constitutionalism, Global Law, Globalization, Comparative Law
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