The Material Study of Global Constitutional Law: A Preliminary Analysis
16 Pages Posted: 22 Jun 2018
Date Written: June 7, 2018
The article addresses the debate on global constitutional law at the methodological level by suggesting a material approach to the topic. Drawing from previous studies of the material constitution by materialist and institutionalist authors (Marx, Lasalle, Mortati), the article proposes to look at the development of global constitutional law, in its many instantiations, in terms of its relation with the state. Accounts of the autonomy of global constitutional law are re-qualified in terms of relative autonomy and more specifically in terms of the impact of global constitutional law on the transformations of the contemporary state. Therefore, the state is still deemed to be the main unit of analysis, but state-centred accounts based on an exceptionalist understanding of sovereignty are rejected.
Keywords: Global Constitutional Law, Sovereignty, Material Constitution, Political Economy
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