The concepts and values that underpin traditional constitutionalism
are increasingly being challenged by political realities that place
substantial power beyond the state. Among the few certainties of a
global economy is the growing incongruity between the political (the
world of things that need to be ordered collectively in order to
sustain society) and the state (the major institution of authoritative
political decision-making during modern times). The consequences, and
possible remedies, of this double disjunction of politics and state
and of state and constitution form the centre of an open debate about
'constitutionalism beyond the state'. The essays gathered in this
collection explore the range of issues raised by this debate. The
effects of recent changes on two of the main building blocks of
constitutionalism - statehood and democracy - are examined in Parts I
and II. Since the movement of overcoming statehood has, arguably, been
advanced furthest in the European context, the question of the future
of constitutionalist ideas in the framework of the EU provides the key
theme of Part III. The remaining parts consider possible
transformations or substitutes. The engagement of constitutions with
international law offers one line of transmutation of
constitutionalism (Part IV) and the diffusion of constitutionalism
into separate social spheres provides an alternative way of pursuing
constitutionalism in a new key (Part VI). Finally, the ability of the
theory of global administrative law (examined in Part V) to offer an
alternative account of the potential of jurisdictional control of
global governing processes is examined. Through these explorations,
the book offers cross-disciplinary insights into the impact of recent
political and economic changes on modern constitutionalism and an
assessment of the prospects for constitutionalism in a transnational
environment.
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Produktdetaljer
ISBN
9780191633669
Publisert
2020
Utgave
1. utgave
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter