Global Constitutionalism最新文献_第10页

Transnational constitutional engagement: A contextualization of global constitutionalism by the Constitutional Court of South Korea 跨国宪政参与:韩国宪法法院对全球宪政的语境化

Global Constitutionalism Pub Date : 2021-07-01 DOI: 10.1017/S2045381721000010

Y. Shin

{"title":"Transnational constitutional engagement: A contextualization of global constitutionalism by the Constitutional Court of South Korea","authors":"Y. Shin","doi":"10.1017/S2045381721000010","DOIUrl":"https://doi.org/10.1017/S2045381721000010","url":null,"abstract":"Abstract Through the analytical framework of ‘transnational constitutional engagement’, this article examines the dynamically developing practices of the South Korean Constitutional Court as it engages with international and foreign elements, both within and beyond constitutional adjudication processes. Diverse underlying factors and orientations in varied contexts, and the complex interactions between them, are responsible for shaping the modes of a local constitutional actor’s engagement with the transnational. In the vertical aspect, the court adopts international human rights law as a substantive standard of constitutional review through a version of cosmopolitan constitutional interpretation, while it has nevertheless exhibited ambiguity and incoherency in concrete applications. The horizontal aspects of transnational engagement include the court’s practice of referencing foreign law and cases in constitutional adjudication. The vibrancy and the evolving patterns of its citation practice reflect the court’s growing self-perception vis-à-vis the world – although limitations remain, such as geographical asymmetries among referenced jurisdictions. The court has also been enthusiastic in interacting with various transnational counterparts beyond adjudication processes, demonstrating eminent leadership in regional network-building among constitutional courts in Asia. With both cosmopolitan aspirations and nationalist ambitions playing a role in their shaping, the modes of transnational constitutional engagement are not to be generalized, but require contextualization, and the relevant practices should be subject to constant evaluations for their contribution in producing sound and effective concretizations of the values of global constitutionalism.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47836098","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: 1

Global constitutionalism: Asia-Pacific perspectives 全球宪政:亚太视角

Global Constitutionalism Pub Date : 2021-07-01 DOI: 10.1017/S2045381720000374

N. Bui

引用次数: 0

Constitution transformation 宪法的转换

Global Constitutionalism Pub Date : 2021-07-01 DOI: 10.1017/S2045381720000246

C. Saunders

{"title":"Constitution transformation","authors":"C. Saunders","doi":"10.1017/S2045381720000246","DOIUrl":"https://doi.org/10.1017/S2045381720000246","url":null,"abstract":"Abstract This article explores the extent to which (if at all) the concept of a constitution is undergoing change in the conditions of globalization that characterize the early decades of the twenty-first century, to an extent that might be described as transformation. The question is prompted both by familiar manifestations of the interdependence of domestic constitutional and international law and practice, and by the interpretation placed on them by some of the literature on global constitutionalism. Some – although by no means all – of the literature and the experience on which it draws relate to the extent of transnational influence on the way in which constitutions now are made or changed: constitution transformation in the narrow, or more particular, sense. The article seeks to answer this question with reference to global constitutional experience, including – critically – experience in Asia, as one of the largest and most diverse regions of the world, too often omitted from studies of this kind. To this end, the article considers whether the concept of a constitution can be regarded as having been globally shared in any event; examines the phenomena associated with globalization that might suggest a paradigm change; and considers the arguments that mitigate against change, at least on a global scale. In exploring these factors, it necessarily considers the extent to which states in different regions of the world diverge in their experiences of the internationalization of constitutional law. The article concludes that, on balance, it is not plausible to argue that the generic concept of a constitution has changed, with global effect. It does, however, acknowledge that current conditions of globalization present a series of challenges for national constitutions. Responding to them might itself be regarded as an exercise in global constitutionalism.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44546153","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: 1

Formalism and anti-formalism in the Chinese Communist Party’s governance project 中国共产党执政工程中的形式主义与反形式主义

Global Constitutionalism Pub Date : 2021-07-01 DOI: 10.1017/S2045381720000271

Samuli Seppänen

引用次数: 0

Global constitutionalism: A practical universal 全球宪政:一种实用的普遍性

Global Constitutionalism Pub Date : 2021-07-01 DOI: 10.1017/S2045381721000149

A. Lang

引用次数: 0

Global constitutionalism reconfigured through a regional lens 通过地区视角重新配置全球宪政

Global Constitutionalism Pub Date : 2021-07-01 DOI: 10.1017/S2045381720000234

R. Abeyratne

引用次数: 0

GCN volume 10 issue 2 Cover and Front matter GCN第10卷第2期封面和封面事项

Global Constitutionalism Pub Date : 2021-07-01 DOI: 10.1017/s2045381721000083

Jacob Eisler, N. Bui, cheryl SauNderS, Samuli Seppänen, R. Abeyratne

引用次数: 0

The Constitution of the Philippines and transformative constitutionalism 菲律宾宪法与转型宪政

Global Constitutionalism Pub Date : 2021-07-01 DOI: 10.1017/S2045381721000174

Surabhi Chopra

{"title":"The Constitution of the Philippines and transformative constitutionalism","authors":"Surabhi Chopra","doi":"10.1017/S2045381721000174","DOIUrl":"https://doi.org/10.1017/S2045381721000174","url":null,"abstract":"Abstract This article examines the 1987 Constitution of the Philippines’ provisions on social and economic rights and welfare. It considers how the 1987 Constitution fits within the post-liberal paradigm of ‘transformative’ constitutional texts that emerged during democratic transitions in the 1980s and 1990s. It then analyses how the Supreme Court of the Philippines responded to the constitutional call for egalitarian socio-economic reform in the first fifteen years after the People Power revolution. The article highlights how the 1987 Constitution envisions far-reaching, progressive socio-economic change, and incorporates both social and economic rights as well as open-ended policy goals in this regard. The article argues that this hybrid approach to distributive justice creates a distinctive set of interpretive challenges for the judiciary. It then argues that the Philippine Supreme Court’s approach to these provisions in the years following the transition to democracy was perfunctory and somewhat inchoate. The court affirmed its jurisdiction over these provisions, but did not develop meaningful standards or principles in relation to them. The article points out that transformative constitutional texts place difficult demands on the judiciary in relation to social and economic rights. They prompt the judiciary into unfamiliar domains. At the same time, institutional legitimacy – including legitimacy on questions of distributive justice – requires judges to sustain the sense of a cogent boundary between constitutional law and politics. The article argues that these challenges were heightened in the Philippines by the textual ambiguity of the 1987 Constitution as well as the relative dearth of jurisprudential resources at the time. It concludes by considering the implications of the Philippines experience for the design of transformative constitutions.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47452020","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

The contestation and construction of global governance authorities: A study from the global business and human rights regime 全球治理权威的争论与建构:基于全球商业与人权机制的研究

Global Constitutionalism Pub Date : 2021-06-25 DOI: 10.1017/s2045381721000113

Janne Mende

{"title":"The contestation and construction of global governance authorities: A study from the global business and human rights regime","authors":"Janne Mende","doi":"10.1017/s2045381721000113","DOIUrl":"https://doi.org/10.1017/s2045381721000113","url":null,"abstract":"\u0000 The contestation of global governance institutions can strengthen or weaken, as well as transform, them. This article analyses the productive potential of contestation and justification of global governance institutions by examining the multiple authorities that are invoked as auxiliaries in the process. It studies the (re-)construction of these authorities by dissecting authority into three components: power, legitimacy and connection to public interests. Empirically, the article focuses on the issue area of business and human rights, examining the highly contested process of drafting a binding instrument in the United Nations Treaty Process. The analysis shows that the success of the Treaty Process not only hinges on its direct reaction to contestation, but also on its ability to (re-)construct the multiple related authorities. Ultimately, the article argues that the contestation of global governance institutions involves (re-)constructing multiple authorities. This demonstrates how contestation can also affect global governance institutions, actors and norms beyond the specific field of deliberation.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/s2045381721000113","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47253918","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: 4

The contractualization of fiscal and parliamentary sovereignty: Towards a private international finance architecture? 财政和议会主权的契约化:走向私人国际金融架构?

Global Constitutionalism Pub Date : 2021-06-21 DOI: 10.1017/S2045381721000101

I. Bantekas

引用次数: 0