By Christine E. J. Schwöbel
The query of no matter if an international structure exists or is rising, and if that is so, what shape it takes, is among the such a lot interesting and arguable themes of contemporary foreign thought. This e-book examines public foreign legislations contributions to the talk, particularly taking a step again to investigate concerning the underlying assumptions that tell this debate. whereas modern members claim the assumption of world constitutionalism to be international, this booklet finds and interrogates the underlying liberal democratic issues that outline winning methods, hence calling universality into query. Drawing on serious theories inside and with no the foreign criminal self-discipline, this ebook indicates a reconceptualisation of world constitutionalism by way of what's named 'organic international constitutionalism'. The booklet hence addresses major shortcomings and illuminates helpful reorientations to a box that's at present nonetheless within the an important part of formation.
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Additional info for Global Constitutionalism in International Legal Perspective (Queen Mary Studies in International Law)
24 In respect of the latter, a comparison with basic rights is drawn. Teubner’s view gives us an insight into further key themes of constitutionalism that can commonly be found in contemporary literature on global constitutionalism. In terms of the participatory and accountability elements, he refers to the limitation of power and the institutionalisation of power (identified as key themes of constitutionalism in the preceding part); regarding valueoriented elements, Teubner mentions ideals (a further key theme) and individual rights (the fourth key theme) as well as a standard-setting capacity (the final key theme) of constitutions.
Dimensions of global constitutionalism 33 subsystem could exist. Since the activities of international organisations go beyond the specific organisation, a constitutional approach concerns issues that may affect any subjects within the scope of the organisations’ decisionmaking radius. 105 The WTO has been the particular object of study in terms of microconstitutionalism and macroconstitutionalism. 106 Part of the parlance of global constitutionalism is the reference to ‘a constitutional economic order’.
In the cases of international organisations that have a large number of members States, it has therefore been suggested that the foundational treaty should span beyond the organisation itself to also include the member States. The first and foremost such international organisation is the UN and its foundational treaty, the UN Charter. The assertion that the Charter of the UN is a global constitution is one which has been the object of much academic thought and has been an inspiration for many publications.
Global Constitutionalism in International Legal Perspective (Queen Mary Studies in International Law) by Christine E. J. Schwöbel