Global Reconfigurations, Constitutional Obligations, and Everyday Life

2018 Volume of Yale's Global Constitutionalism Seminar, a Part of the Gruber Program for Global Justice and Women's Rights.

Yale Law School, Public Law Research Paper No. 662

302 Pages Posted: 8 Nov 2018

See all articles by Judith Resnik

Judith Resnik

Yale University - Law School

Douglas NeJaime

Yale University - Law School

Clare Ryan

Yale University

Helen Keller

European Court of Human Rights

Harold Hongju Koh

Yale Law School

Susan Rose-Ackerman

Yale Law School

Miguel Poiares Maduro

European University Institute

Muneer I. Ahmad

Yale Law School

Lucas Guttentag

Yale University - Law School; Stanford Law School

Cristina Rodriguez

Yale Law School

Marta Cartabia

Constitutional Court of Italy

Amy Kapczynski

Yale University - Law School

Samuel Moyn

Yale University

Manuel Cepeda-Espinosa

Constitutional Court of Colombia

Date Written: September 1, 2018

Abstract

Global Reconfigurations, Constitutional Obligations, and Everyday Life is now available as an e-book, to download without charge. This 2018 volume is the seventh in the series of readings for Yale’s Global Constitutionalism Seminar, a part of the Gruber Program for Global Justice and Women’s Rights. This year’s materials are co-edited by Judith Resnik and Clare Ryan.

Chapter I, Constituting the Family, considers how constitutional regulation of families has come to the fore in light of demographic shifts, popular mobilizations, gender roles, and reproductive technologies. This Chapter’s questions center on when and why constitutions oblige state recognition and protection of adult relationships (through marriages and civil unions) and of parental status and authority. Chapter II, Governing Sports, engages with how to conceptualize sports organizations, which are protective of their autonomy, but nevertheless influenced by constitutional norms of free expression and association, equality, non-discrimination, and due process. National and international laws increasingly permeate the governance of sports, as the tribunals within sports organizations interact with and adopt legal rules to respond to the problems of corruption, drug use, monopolistic practices, and governance failures.

Chapter III, Refugees in a Time of “Unprecedented” Mobility, addresses the “unprecedented” numbers of persons seeking safe havens across borders—25.4 million people globally as of June 2018, according to the UN Refugee Agency. This Chapter takes up debates about who gains the status of “refugee” as contrasted with “migrant,” what international obligations flow, and why many countries are seeking to deter, block, or detain entrants seeking a safer haven. Chapter IV, Health, Medicines, and Constitutional Obligations, considers the role of courts in enforcing rights to medicine, and whether this arena of economic and social rights entails distinct or familiar questions of judicial enforcement. In recent years, courts in several countries have concluded that state failures to provide medicines violate constitutional rights to health and, moreover, that courts can and should order group-based or individual remedies. This Chapter addresses who decides—courts, legislatures, health administrators—what medicines are subsidized and accessible, as well as the distributional impacts of such rulings.

Keywords: International; comparative; constitutional; human rights; family; marriage; parentage; surrogacy; sports; doping; free speech; competition; arbitration; corruption; refugee; asylum; immigration; detention; social and economic rights; political economy; health; medicine; drug pricing

Suggested Citation

Resnik, Judith and NeJaime, Douglas and Ryan, Clare and Keller, Helen and Koh, Harold Hongju and Rose-Ackerman, Susan and Maduro, Luís Miguel Poiares Pessoa and Ahmad, Muneer I. and Guttentag, Lucas and Rodriguez, Cristina and Cartabia, Marta and Kapczynski, Amy and Moyn, Samuel and Cepeda-Espinosa, Manuel, Global Reconfigurations, Constitutional Obligations, and Everyday Life (September 1, 2018). 2018 Volume of Yale's Global Constitutionalism Seminar, a Part of the Gruber Program for Global Justice and Women's Rights.; Yale Law School, Public Law Research Paper No. 662. Available at SSRN: https://ssrn.com/abstract=3276293 or http://dx.doi.org/10.2139/ssrn.3276293

Judith Resnik (Contact Author)

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States
203-432-1447 (Phone)
203-432-1719 (Fax)

Douglas NeJaime

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Clare Ryan

Yale University ( email )

2034327740 (Phone)

Helen Keller

European Court of Human Rights

Strasbourg, Alsace region
France

Harold Hongju Koh

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States
2034321660 (Phone)

Susan Rose-Ackerman

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Luís Miguel Poiares Pessoa Maduro

European University Institute ( email )

Villa La Pagliaiuola
Via delle Palazzine, 19
San Domenico di Fiesole, FI 50014
Italy

Muneer I. Ahmad

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Lucas Guttentag

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Stanford Law School ( email )

Stanford, CA

Cristina Rodriguez

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Marta Cartabia

Constitutional Court of Italy ( email )

Italy

Amy Kapczynski

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Samuel Moyn

Yale University ( email )

MA 02138
United States
2128543009 (Phone)

HOME PAGE: http://campuspress.yale.edu/samuelmoyn

Manuel Cepeda-Espinosa

Constitutional Court of Colombia

Register to save articles to
your library

Register

Paper statistics

Downloads
93
Abstract Views
395
rank
282,072
PlumX Metrics