Aoife O'Donoghue's Constitutionalism in Global Constitutionalisation PDF

By Aoife O'Donoghue

ISBN-10: 1107050251

ISBN-13: 9781107050259

Constitutionalism bargains a governance order a collection of normative values together with, among others, the rule of thumb of legislations, divisions of energy and democratic legitimacy. those normative values control the connection among constituent and constituted strength holders. Such normative constitutional felony orders are general in family structures however the worldwide constitutionalisation debate seeks to spot a constitutional narrative past the kingdom. This ebook considers the style within which the worldwide constitutionalisation debate has ignored constitutionalism inside of its proposals. It examines the function normative constitutionalism performs inside a constitutionalisation method, and considers using neighborhood at either the family and worldwide governance degrees to spot the holders of constituent and constituted energy inside of a constitutional order. In doing so this research bargains an alternate narrative for worldwide constitutionalisation established inside normative constitutionalism.

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19 E. Petersmann, ‘Human Rights and Economic Law in the 21st Century: The Need to Clarify Their Interrelationships’ (2001) Journal of International Economic Law 3. 18 Constitutionalism 21 power and democratic legitimacy will focus on the broader constitutional questions that form part of the global constitutionalisation debate. In assessing the role of constitutionalism within constitutionalisation, it is essential to build a coherent paradigm in which to examine constitutionalism’s potential operation and to consider whether its rationale or its purchase has a place within the governance order.

24 24 Norms of constitutionalism the final evolutionary destination must inevitably be a constitutionalised system. Rather this book asserts that, in claiming constitutionalism as a terminus, proponents of global constitutionalisation need to identify the features of a constitutionalised system. Further, at the core of any claims to an on-going global constitutionalisation process must be the accurate employment of the norms inherent in any constitutional order. 28 This section considers how the rule of law operates within constitutionalism and thus, ultimately, what it may mean for global constitutionalisation.

37 Such claims become tangled in attempting to identify the rule of law as an embodiment of an entire legal system and ultimately are unsuccessful in establishing its role within constitutionalism. 38 Such uses undermine the rule of law’s value beyond mere legalisation. For example, it is argued in the international context that ‘[t]he symbolic value of the ideal of the rule of law makes it worth preserving. ’39 This claim underscores the difficulties for constitutionalisation. The assumption that constitutionalism requires not simply symbolism but substantive action reflecting the necessary attributes of the rule of law must form part of constitutionalisation in any legal order.

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Constitutionalism in Global Constitutionalisation by Aoife O'Donoghue

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