Global Constitutionalism最新文献_第5页

Faux ami? Interrogating the normative coherence of ‘digital constitutionalism’ Faux ami？质疑“数字宪政”的规范连贯性

Global Constitutionalism Pub Date : 2023-02-17 DOI: 10.1017/s2045381722000272

Róisín A Costello

引用次数: 0

Duration of the constitution-making process as an indicator of post-constitutional political uncertainty: The insurance theory revisited 宪法制定过程的持续时间作为后宪法政治不确定性的指标：保险理论的重新审视

Global Constitutionalism Pub Date : 2023-02-14 DOI: 10.1017/s2045381722000302

Aylin Aydin-Cakir

{"title":"Duration of the constitution-making process as an indicator of post-constitutional political uncertainty: The insurance theory revisited","authors":"Aylin Aydin-Cakir","doi":"10.1017/s2045381722000302","DOIUrl":"https://doi.org/10.1017/s2045381722000302","url":null,"abstract":"\u0000 Criticizing the insurance theory, this article asserts that to measure post-constitutional political uncertainty, one should consider not only the power distribution among the ‘political’ actors but the power distribution among all actors involved in the constitution-making process, including the public and civil society. Comparing the constitution-making processes of the constitutions of Egypt (2012) and Tunisia (2014), this study presents the duration of the constitution-making process as an alternative measure of power distribution among all actors. The theoretical framework asserts that the long constitution-making process increases the possibility of deliberation at the public level. That will help to develop trust among polarized political actors and improve political actors’ perception of the public as a credible control and constraint mechanism. This will ensure that the incoming government will respect the newly established institutions and lead to the establishment of an independent and powerful judiciary. In the second part of the article, to test this argument, I use a large dataset that covers information on the content and design processes of 140 countries’ most recent constitutions adopted between 1945 and 2018. The empirical results indicate that as the duration of the constitution-making increases, the number of constitutional guarantees for judicial independence also increases.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48428461","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

On the legal implications of a ‘permanent’ constituent power 论“永久”制宪权力的法律含义

Global Constitutionalism Pub Date : 2023-01-17 DOI: 10.1017/s2045381722000223

Mariana Velasco-Rivera, Joel I Colón-Ríos

{"title":"On the legal implications of a ‘permanent’ constituent power","authors":"Mariana Velasco-Rivera, Joel I Colón-Ríos","doi":"10.1017/s2045381722000223","DOIUrl":"https://doi.org/10.1017/s2045381722000223","url":null,"abstract":"\u0000 This article examines the development of the doctrine of the ‘permanent constituent power’ in Mexico. This doctrine reflects a long tradition in constitutional theory according to which the exercise of constituent power is a one-time event: once a constitution is adopted, there will be no legal mechanism in place for the exercise of the people’s original constitution-making authority. This view is nonetheless in tension with a notion that has also been historically embraced by liberal constitutionalism: that the people has an inalienable right to alter the form of government. The constitutional provisions that reflect that idea, we will see, can have important implications in terms of the nature and scope of the amending authority and, at the same time, point toward alternative mechanisms for the exercise of constituent authority. By closely examining the operation of those kinds of provisions in the Mexican constitution, we seek to illustrate a tension central to the liberal constitutional tradition and to suggest a way out of it. In so doing, we aim to draw some lessons from the Mexican case that can contribute to current discussions about constituent power and fundamental constitutional change in liberal constitutional orders.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46419685","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 hidden contestation of norms: Decent work in the International Labour Organization and the United Nations 隐藏的规范之争：国际劳工组织和联合国的体面工作

Global Constitutionalism Pub Date : 2023-01-16 DOI: 10.1017/s2045381722000259

Julia Drubel, Janne Mende

{"title":"The hidden contestation of norms: Decent work in the International Labour Organization and the United Nations","authors":"Julia Drubel, Janne Mende","doi":"10.1017/s2045381722000259","DOIUrl":"https://doi.org/10.1017/s2045381722000259","url":null,"abstract":"\u0000 The question of whether global norms are experiencing a crisis allows for two concurrent answers. From a facticity perspective, certain global norms are in crisis, given their worldwide lack of implementation and effectiveness. From a validity perspective, however, a crisis is not obvious, as these norms are not openly contested discursively and institutionally. In order to explain the double diagnosis (crisis/no crisis), this article draws on international relations research on norm contestation and norm robustness. It proposes the concept of hidden discursive contestation and distinguishes it from three other key types of norm contestation: open discursive, open non-discursive and hidden non-discursive contestation. We identify four manifestations of hidden discursive contestation in: (1) the deflection of responsibility; (2) forestalling norm strengthening; (3) displaying norms as functional means to an end; and (4) downgrading or upgrading single norm elements. Our empirical focus is on the decent work norm, which demonstrates the double diagnosis. While it lacks facticity, it enjoys far-reaching verbal acceptance and high validity. Our qualitative analysis of discursive hidden contestation draws on two case studies: the International Labour Organization’s compliance procedures, which monitor international labour standards, and the United Nations Treaty Process on a binding instrument for business and human rights. Although both fora have different context and policy cycles, they exhibit similar strategies of hidden discursive contestation.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47974232","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

Collective labour rights of police officers: Global labour constitutionalism and militaristic labour constitutionalism 警察集体劳动权利:全球劳动宪政与军国主义劳动宪政

Global Constitutionalism Pub Date : 2022-12-23 DOI: 10.1017/S2045381722000235

Lilach Litor

{"title":"Collective labour rights of police officers: Global labour constitutionalism and militaristic labour constitutionalism","authors":"Lilach Litor","doi":"10.1017/S2045381722000235","DOIUrl":"https://doi.org/10.1017/S2045381722000235","url":null,"abstract":"Abstract Collective labour rights, including the right to organize and strike, were recognized in the principles of the International Labour Organization (ILO) as fundamental rights. Despite their importance, different countries enacted legislation that included a ban on police organization in trade unions or a ban just on police strikes. The right of police officers to organize and strike is of particular importance nowadays at a time of increased public scrutiny and large-scale protests over incidents of extra-judicial killing by police. There is a need to recognize collective rights for police officers in order to improve working conditions and organizational justice at work for them as a way of moderating officers’ perspectives of public hostility and improving their capability to carry out their duties. Another benefit of recognizing a right to organize is the union’s capacity to advance important values, including avoiding racism and violence and assuring the compliance of individual officers with the ethics and code of conduct expected from police officers. This article seeks to address the unique topic of the linkage between the collective labour rights of police officers and varieties of constitutionalism in these critical times. It introduces two potential approaches in this regard: (1) global labour constitutionalism; and (2) militaristic labour constitutionalism. The former implements international standards set by the ILO as a basis for constitutionalism while the latter emphasizes domestic issues and the need to maintain the public order and security of citizens. The article examines the possibility of applying global labour constitutionalism as a basis for recognizing collective rights for police officers.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":"12 1","pages":"174 - 213"},"PeriodicalIF":0.0,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48183210","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

COVID-19: Introducing a sliding scale between legality and scientific knowledge 新冠肺炎：引入合法性和科学知识之间的滑动尺度

Global Constitutionalism Pub Date : 2022-12-21 DOI: 10.1017/s2045381722000260

Ioanna Pervou

引用次数: 0

Deliberative constitutionalism ‘without shortcuts’: On the deliberative potential of Cristina Lafont’s judicial review theory “没有捷径”的协商宪政——论拉丰司法审查理论的协商潜力

Global Constitutionalism Pub Date : 2022-12-13 DOI: 10.1017/s2045381722000211

C. I. Guiffré

引用次数: 0

‘The world is not organized for Peace’: Feminist manifestos and utopias in the making of international law “世界不是为和平而组织的”：国际法制定中的女权主义宣言和乌托邦

Global Constitutionalism Pub Date : 2022-11-04 DOI: 10.1017/s204538172200017x

Sheri Labenski