mercoledì 21 marzo 2012

Schwöbel on Global Constitutionalism

Global Constitutionalism in International Legal Perspective - Introduction


Christine E. J. Schwöbel


University of Liverpool, School of Law


September 2010

Queen Mary Studies in International Law, Martinus Nijhoff Publishers

Abstract:     
The question of whether a global constitution exists or is emerging, and if so, what form it takes, is one of the most intriguing and controversial topics of recent international theory. This book examines public international law contributions to the debate, specifically taking a step back to enquire about the underlying assumptions that inform this debate. While contemporary contributors declare the idea of global constitutionalism to be global, this book reveals and interrogates the underlying liberal democratic themes that define prevailing approaches, thus calling universality into question. Drawing on critical theories within and without the international legal discipline, this book suggests a reconceptualisation of global constitutionalism in terms of what is named ‘organic global constitutionalism’. The book thus addresses significant shortcomings and illuminates necessary reorientations to a field that is currently still in the crucial phase of formation
 

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