Global Constitutionalism最新文献

Liberal-democratic norms under contestation: Norm relations and their decoupling in the US Supreme Court’s decisions on abortion 受到质疑的自由民主准则：美国最高法院关于堕胎的裁决中的规范关系及其脱钩

Global Constitutionalism Pub Date : 2024-04-22 DOI: 10.1017/s2045381724000042

Janne Mende

{"title":"Liberal-democratic norms under contestation: Norm relations and their decoupling in the US Supreme Court’s decisions on abortion","authors":"Janne Mende","doi":"10.1017/s2045381724000042","DOIUrl":"https://doi.org/10.1017/s2045381724000042","url":null,"abstract":"\u0000 This article studies the contestation of liberal-democratic norms from within the liberal international order (LIO), focusing on the case of abortion rights. The US Supreme Court’s decisions on abortion, central to both domestic and global debates, provide a compelling case study of how two opposing sides may invoke the same norms, rather than presenting a case of norm collision or co-optation. In contrast to the binary pro-choice versus anti-abortionist framing, this article shows that both sides invoke liberal-democratic norms, but differ in how they relate the norms to each other and how they interrupt established norm relations. Against this background, the article introduces the concept of norm decoupling, highlighting how norm entrepreneurs isolate certain norms from hitherto related norms. This process contributes to a more subtle backsliding of the LIO, particularly by decoupling majority votes from other democratic, substantial norms, and by decoupling liberal-democratic norms from their gendered dimensions. Norm decoupling thus explains diverging interpretations of shared norms within the same context. This advances our understanding of norm contestation and interpretation, shedding light on how liberal-democratic norms subtly erode from within the LIO.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140674740","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Comparative political process theory II 比较政治进程理论 II

Global Constitutionalism Pub Date : 2024-03-19 DOI: 10.1017/s2045381724000029

Stephen Gardbaum

引用次数: 0

Constitutionalizing dissent: The universe of opposition rules in African constitutions 异议的宪法化：非洲宪法中的反对规则

Global Constitutionalism Pub Date : 2024-03-11 DOI: 10.1017/s2045381724000030

Danny Schindler

{"title":"Constitutionalizing dissent: The universe of opposition rules in African constitutions","authors":"Danny Schindler","doi":"10.1017/s2045381724000030","DOIUrl":"https://doi.org/10.1017/s2045381724000030","url":null,"abstract":"\u0000 Constitutions are the most important legal foundation of politics. At the same time, the existence of a viable parliamentary opposition has been regarded one of the most distinctive characteristics of democracy. Bringing the two perspectives together, the principle of opposition can be constitutionalized to gain the highest status. Importantly, we refer to norms recognizing the opposition as such. Such counter-majoritarian rules are distinct because they empower opposition forces irrespective of their seat share and explicitly acknowledge that power should not be monopolized. While our subject has attracted little interest from comparative constitutionalists, it is too important to be overlooked. This is particularly true for autocratizing regimes where incumbents seek to use legislative lawfare to repress their opponents. Empirically, the study focuses on Africa, which proves revealing for various reasons. Among others, it addresses the critique that constitutional law studies often concentrate on usual suspect cases used to reveal purportedly universal insights. Our exercise in comparative constitutional law leads to two main conclusions that go beyond the continent. First, while we find a high number of opposition-related rules, the variation in design details and scope suggests that referring to the principle of opposition in an abstract manner is somewhat obscuring. And second, the obvious virtues of constitutionalizing dissent face noteworthy pitfalls since pertinent rules can lack legal clarity and even suppress dissent. Hence, the dividends of nominally democratic rules might be smaller than expected even if constitutional designers sincerely intend to fully uphold them in practice.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140251763","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A theory of plural constituent power for federal systems 联邦制的多元制宪权理论

Global Constitutionalism Pub Date : 2024-01-19 DOI: 10.1017/s2045381723000400

Nicholas Aroney, George Duke, Stephen Tierney

引用次数: 0

A constitutional reflector? Assessing societal and digital constitutionalism in Meta’s Oversight Board 宪法反射器？评估 Meta 监督委员会中的社会宪政和数字宪政

Global Constitutionalism Pub Date : 2024-01-17 DOI: 10.1017/s2045381723000394

Lucas Henrique Muniz da Conceição

{"title":"A constitutional reflector? Assessing societal and digital constitutionalism in Meta’s Oversight Board","authors":"Lucas Henrique Muniz da Conceição","doi":"10.1017/s2045381723000394","DOIUrl":"https://doi.org/10.1017/s2045381723000394","url":null,"abstract":"\u0000 This article explores the use of constitutional narratives in social media platform governance, addressing the concept of digital constitutionalism. It aims to elucidate how digital constitutionalism manifests in platforms and the implications for democratizing these governance environments. It argues that digital constitutionalism exposes three goals toward platform governance: (1) an analogous application of constitutional values in private landscapes; (2) an ideological framework permeating multiple normativity levels; and (3) a policy consideration framing the symmetry of regulatory efforts with fundamental values. These three objectives hinge on a liberal and normative approach to constitutionalism, detaching from the political and social considerations at the centre of constitutional democracy. The article argues that this leads to extensive legitimacy issues when considering the transnational character of social media platforms and the localized issues of its users, as explored through an analysis of Meta’s Oversight Board. It is argued that a societal perspective of (digital) constitutionalism must guide the institution’s goals and procedures to promote legitimacy and accountability. This societal approach exposes the reliability issues of the established self-referencing system. It also allows an analysis of the hybridization of traditional constitutional principles in the emerging societal constitution developed by the corporation.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139618078","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Between militant democracy and citizen vigilantism: Using citizens’ assemblies to keep parties democratic 介于激进民主与公民自卫军之间：利用公民大会保持政党民主

Global Constitutionalism Pub Date : 2023-12-15 DOI: 10.1017/s2045381723000382

T. Olsen, Juha Tuovinen

{"title":"Between militant democracy and citizen vigilantism: Using citizens’ assemblies to keep parties democratic","authors":"T. Olsen, Juha Tuovinen","doi":"10.1017/s2045381723000382","DOIUrl":"https://doi.org/10.1017/s2045381723000382","url":null,"abstract":"\u0000 The essential role of parties in democracies makes it important to keep them democratic. This article argues for sortition-based citizens’ assemblies (CAs) organized in and by civil society to formulate democratic standards for political parties to follow, to evaluate them individually and to criticize them publicly if they do not. This is a third and potentially complementary way to keeping parties democratic, placed between militant democracy on the one hand and citizen vigilantism on the other. Militant democracy is challenged by the fact that few democratically problematic parties are ostensibly anti-democratic and therefore likely to fall under the legal criteria for issuing party bans and other legal sanctions. Militant democratic measures are also likely to be ineffective and are vulnerable to abuse. Citizen vigilantism, whereby active democratic citizens take on the responsibility for protecting democracy, deals better with the ambiguous nature of democratically problematic parties but suffers from a lack of democratic authorization and clear standards of critique. While not perfect, the proposed model remedies many of the shortcomings of both approaches. Contributing to an emerging literature on CAs as instruments in the protection of democracy, the article evaluates the model’s normative justifiability, feasibility and likely effectiveness.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138996845","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Dead or alive? Global constitutionalism and international law after the start of the war in Ukraine 是死是活？乌克兰战争爆发后的全球宪政与国际法

Global Constitutionalism Pub Date : 2023-12-13 DOI: 10.1017/s2045381723000369

Takao Suami

{"title":"Dead or alive? Global constitutionalism and international law after the start of the war in Ukraine","authors":"Takao Suami","doi":"10.1017/s2045381723000369","DOIUrl":"https://doi.org/10.1017/s2045381723000369","url":null,"abstract":"\u0000 Russia’s continued aggression against Ukraine has sent shock waves around the world. Russia has violated the most fundamental rule of international law and most people intuitively feel that the war in Ukraine has changed the entire landscape of international society. Given what is clearly a turning point, it is difficult to assume that global constitutionalism founded on ‘human rights, the rule of law and democracy’, called ‘the constitutional trinity’, will not undergo any changes. Can global constitutionalism survive such a difficult moment? This is a fundamental question that global constitutionalists must address. This article answers this question in the affirmative. First, despite its gross violations of international law, Russia is not necessarily attempting to withdraw from the current framework of international law. The existing individual-centred elements in international law, which are the central pillar of global constitutionalism, will not be replaced by any alternatives. Second, even if the existing framework of international law remains viable, there is an undeniable risk that the polarization of international law accelerated by the ongoing war will negatively affect global constitutionalism. Such polarization may hollow out the constitutional trinity in international law. However, global constitutionalism will continue to function as the principal cognitive framework for international society because the exercise of individuals’ rights embedded in international law will incessantly provide energy for global constitutionalism. This article concludes that insofar as international law keeps its individual elements, global constitutionalism will be able to retain its normative power under the present predicament in the world.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139005154","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Between (ir)responsibility and (in)appropriateness: Conceptualizing norm-related state behaviour in the Russian war against Ukraine 在责任与适当之间:俄罗斯对乌克兰战争中与规范相关的国家行为的概念化

Global Constitutionalism Pub Date : 2023-11-08 DOI: 10.1017/s2045381723000357

Sassan Gholiagha, Mitja Sienknecht

{"title":"Between (ir)responsibility and (in)appropriateness: Conceptualizing norm-related state behaviour in the Russian war against Ukraine","authors":"Sassan Gholiagha, Mitja Sienknecht","doi":"10.1017/s2045381723000357","DOIUrl":"https://doi.org/10.1017/s2045381723000357","url":null,"abstract":"Abstract The Russian war against Ukraine has challenged fundamental norms such as sovereignty, non-interference and the prohibition of the use of force. It has led to diverse reactions from the international community. Only very few states sided with Russia, some states remained neutral, while the vast majority condemned the attack and supported Ukraine in its right to self-defence. Thus, although there is no legal obligation, many states display behaviour that goes beyond diplomatic support. They support Ukraine financially and even deliver weapons to support Ukraine in its right to self-defence. In this article, we conceptualize different types of actors’ behaviour in world politics. We distinguish between responsible, irresponsible, appropriate, and inappropriate behaviour. We apply this typology to states’ reaction to the Russian war against Ukraine. The typology enables us to analyse the variation of the responses with reference to norms and responsibility, two core concepts of International Relations (IR) Theory and global politics. Counterintuitively as it might seem, we argue that the support of Ukraine with weapons can be categorized as responsible behaviour as it displays an over-fulfilment of the right to self-defence norm, which leads to the emergence of a new norm: the responsibility to support norm.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391251","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

How do constitution-making processes fail? The case of Chile’s Constitutional Convention (2021–22) 制宪程序是如何失败的?智利制宪会议案例(2021 - 2022)

Global Constitutionalism Pub Date : 2023-10-27 DOI: 10.1017/s204538172300031x

Sergio Verdugo, Luis Eugenio García-Huidobro

引用次数: 0

Utopian constitutionalism in Chile 智利的乌托邦式宪政

Global Constitutionalism Pub Date : 2023-10-27 DOI: 10.1017/s2045381723000266

David Landau, Rosalind Dixon

{"title":"Utopian constitutionalism in Chile","authors":"David Landau, Rosalind Dixon","doi":"10.1017/s2045381723000266","DOIUrl":"https://doi.org/10.1017/s2045381723000266","url":null,"abstract":"Abstract In this article, we argue that the 2022 Chilean draft Constitution helps to articulate the distinction between a transformative constitutional project and a utopian one. Whereas a transformative project lays down markers for social change that will take time to achieve, a utopian project sets out goals that are unlikely to be achieved within any reasonable timeframe. Utopianism is a product of two relationships. The first is the internal relationship between the transformative goals laid out in a constitution and the institutional pathways through which changes will occur. The second is the external relationship between the goals in the text and the views and support of key groups. In Chile, both relationships were problematic. First, the Convention adopted a draft that was heavy on ambitious programmatic content but lacked a clear vision of how to implement it. Second, the Convention produced a draft that was supported by the ephemeral civil society groups galvanized by the 2019 protests but divorced from the vision of Chile’s parties and public opinion. Some of this was a product of the peculiar electoral context in which the Convention acted, which has already been corrected. But some of it reflects deeper tensions within transformative constitutionalism.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136262846","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0