Global Constitutionalism最新文献_第8页

Competitive mimicry: The socialization of antifeminist NGOs into the United Nations 竞争模仿：反部长非政府组织融入联合国的社会化

Global Constitutionalism Pub Date : 2022-03-03 DOI: 10.1017/S2045381721000186

Jelena Cupać, Irem Ebetürk

{"title":"Competitive mimicry: The socialization of antifeminist NGOs into the United Nations","authors":"Jelena Cupać, Irem Ebetürk","doi":"10.1017/S2045381721000186","DOIUrl":"https://doi.org/10.1017/S2045381721000186","url":null,"abstract":"Abstract Conservative NGOs contesting women’s rights in the United Nations are on the rise, and their activity is increasingly described as an antifeminist backlash. This article focuses a new theoretical lens on this development: socialization. It argues that conservative NGOs’ socialization into transnational practices and the United Nations has played a significant part in facilitating the antifeminist backlash. To support this claim, the article examines socialization comprehensively, applying several analytical angles: its definition, directionality, mechanism, degree and effects. It also treats conservative NGOs’ socialization as both a process and an outcome. As a process, it unfolds horizontally, by conservative NGOs competitively mimicking feminist NGOs in two domains in particular: their manner of transnational organizing and their skilful use of the UN human rights framework. The article finds that conservative NGOs have socialized into transnational NGO practices and the regulative institutional rules of the United Nations, but not into all its constitutive norms. The chief effect of this kind of socialization is polarization. The article singles out and empirically illustrates three of its manifestations: the struggle for institutional spaces; zero-sum politics based on a sense of existential threat; and the use of a strong moralizing discourse.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":"11 1","pages":"379 - 400"},"PeriodicalIF":0.0,"publicationDate":"2022-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48113164","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: 2

Opposing abortion in a feminist paradise: Conservative rhetoric in Iceland 在女权主义天堂反对堕胎:冰岛的保守派言论

Global Constitutionalism Pub Date : 2022-03-03 DOI: 10.1017/S204538172100006X

Gunnar Sigvaldason, Silja Bára Ómarsdóttir

{"title":"Opposing abortion in a feminist paradise: Conservative rhetoric in Iceland","authors":"Gunnar Sigvaldason, Silja Bára Ómarsdóttir","doi":"10.1017/S204538172100006X","DOIUrl":"https://doi.org/10.1017/S204538172100006X","url":null,"abstract":"Abstract This article addresses the conservative opposition to Iceland’s recently liberalised abortion laws. It argues that the opposition belongs to a long and rich history of conservatives willing to employ diverse measures to oppose progress. It further claims that the rhetoric employed has strong roots in the conservative tradition. This is demonstrated by the fact that the discourse in Iceland fits within Hirschman’s analytical framework, through which he analyses the main arguments of conservatives in the past. Icelandic conservatives argued that the proposed legislation would lead to the perverse effect that healthy foetuses would be aborted, that the legislation was futile, as the system was already well-functioning, and that it would jeopardise women by giving them the sole responsibility of deciding whether to terminate a pregnancy. The article sheds light on the underlying resistance to women’s bodily autonomy and right to self-determination. It also illustrates the importance of hierarchy and conservatism’s opposition to equality that is perceived to be taken too far. In light of global trends, where conservatives have tried to implement policies that are hostile towards women and women’s interests, it is important to explore national contexts where legislative success has been achieved despite global backlash.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":"11 1","pages":"430 - 449"},"PeriodicalIF":0.0,"publicationDate":"2022-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41785155","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

Control, alt, delete: Patriarchal populist attacks on international women’s rights Control，alt，delete：父权民粹主义者对国际妇女权利的攻击

Global Constitutionalism Pub Date : 2022-03-03 DOI: 10.1017/S2045381721000198

R. Sanders, L. Jenkins

{"title":"Control, alt, delete: Patriarchal populist attacks on international women’s rights","authors":"R. Sanders, L. Jenkins","doi":"10.1017/S2045381721000198","DOIUrl":"https://doi.org/10.1017/S2045381721000198","url":null,"abstract":"Abstract The rise of patriarchal populist leaders over the past decade has fortified a long-standing campaign by conservative governments and advocacy groups to undermine women’s international human rights. Their efforts have increasingly focused on revising language as a means to challenge and weaken the international norms and organizations essential to women’s and girls’ equality and health. Through our textual analysis of UN records, governmental and nongovernmental publications, media coverage of disputes over language, and background interviews with activists, we identify and delineate the significance of this ‘norm spoiling’ strategy and trace its expansion during the Trump administration. We find that women’s rights challengers have pursued three distinct spoiling tactics based in language: controlling what women’s rights advocates can say through policies such as the United States’ ‘global gag rule’; altering the meaning of women’s rights by reframing them as an attack on other rights, such as religious freedom; and deleting foundational words, such as ‘gender’ and ‘sexual and reproductive health and rights’, from international agreements. The role of language in today’s patriarchal populism goes beyond populist leaders’ speeches, rallies and tweets. Their governments and allies systematically control, alter or delete words central to women’s rights.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":"11 1","pages":"401 - 429"},"PeriodicalIF":0.0,"publicationDate":"2022-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48561267","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: 5

New technologies and legal justification: The United Kingdom’s use of drones in self-defence 新技术和法律依据:英国在自卫中使用无人机

Global Constitutionalism Pub Date : 2022-03-01 DOI: 10.1017/S2045381721000253

Andrea Birdsall

{"title":"New technologies and legal justification: The United Kingdom’s use of drones in self-defence","authors":"Andrea Birdsall","doi":"10.1017/S2045381721000253","DOIUrl":"https://doi.org/10.1017/S2045381721000253","url":null,"abstract":"Abstract This article examines the United Kingdom’s use of drones in an act of self-defence in a counter-terrorism operation. The government justified the targeted killing of a UK citizen in Syria – a country with which it was not at war at the time – with reference to existing laws and norms. In doing so, it contested a number of established concepts to justify its conduct as lawful activity. The article argues that modern weapons such as drones, which are used to address novel threats, lead to legal justification that in turn has the potential to create new laws. In this way, the intersection of norms, warfare and new technologies becomes a productive site of political contestation. The contribution of the article is twofold: empirically, it contributes to debates on targeted killing and discussions surrounding the meaning and interpretation of ‘imminence’ in the context of preventive self-defence in the United Kingdom; and theoretically, it adds to the constructivist literature by examining norm contestation and resulting normativity in this area. The article concludes that the legal justification in this particular instance has important implications for other emerging technologies that require discussions about how states justify their actions to conform with existing legal and normative frameworks.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":"11 1","pages":"197 - 216"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41866375","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

Unconstitutional constitutional amendment or constitutional dismemberment? A reappraisal of the presidential term limit amendment in Cameroon 违宪修宪还是宪法解体？重新评估喀麦隆总统任期限制修正案

Global Constitutionalism Pub Date : 2022-03-01 DOI: 10.1017/S2045381721000290

Laura-Stella Enonchong

引用次数: 0

The pendulum swings back: New authoritarian threats to liberal democratic constitutionalism 钟摆摆回来了:自由民主宪政面临新的威权主义威胁

Global Constitutionalism Pub Date : 2022-02-22 DOI: 10.1017/S2045381722000028

Jacob Eisler, Jonathan Havercroft, J. Shaw, A. Wiener, Susan Kang

{"title":"The pendulum swings back: New authoritarian threats to liberal democratic constitutionalism","authors":"Jacob Eisler, Jonathan Havercroft, J. Shaw, A. Wiener, Susan Kang","doi":"10.1017/S2045381722000028","DOIUrl":"https://doi.org/10.1017/S2045381722000028","url":null,"abstract":"Introduction At the close of the twentieth century, for political elites it was reasonable to believe that liberal democratic constitutionalism (LDC) was the ascendant political arrangement in states of the ‘Global North’ and, through colonialism, relatedly for states of the ‘Global South’. LDC was presented as not only asserting a claim to superior normative validity – undergirded by human rights, democracy and the rule of law – but also a claim to inevitability as a mode of governance. In the words of perhaps the most (in)famous articulation of this hopeful claim from its heady heyday, ‘there is now no ideology with pretentions to universality that is in a position to challenge liberal democracy’, which stands as ‘the single universal standard’.1 While this sense of inevitably had its sceptics even at LDC’s zenith,2 for a time its continued spread and ultimate triumph were not only a defensible prediction of the future, but plausibly the most convincing one. Twenty-odd years later, LDC has not only failed to become a universal mode of political organization, but its traditional bastions have themselves suffered democratic backsliding. For the past decade, the most salient form of this has been internal crisis.3 As we observed following Trump, Brexit, and a general resurgence of far-right parties across the diverse polities, ‘far right populist authoritarianism’ poses an immediate threat to LDC.4 Yet, a year after Trump’s defeat andwith the EUhaving survived Brexit in part because states central to its integrity, such as France, have – so far – resisted far right populist leadership, the norms of constitutionalism have shown a measure of robustness.5 The possibility that LDCmight","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":"11 1","pages":"1 - 8"},"PeriodicalIF":0.0,"publicationDate":"2022-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48739385","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

GCN volume 11 issue 1 Front matter GCN第11卷第1期

Global Constitutionalism Pub Date : 2022-02-22 DOI: 10.1017/s2045381722000090

Jacob Eisler, Susan Kang, R. Forst, K. Kenkel, Helen Kinsella

引用次数: 0

GCN volume 10 issue 3 Cover and Back matter GCN第10卷第3期封面和封底

Global Constitutionalism Pub Date : 2021-10-29 DOI: 10.1017/s204538172100023x

引用次数: 0

GCN volume 10 issue 3 Cover and Front matter GCN第10卷第3期封面和封面

Global Constitutionalism Pub Date : 2021-10-29 DOI: 10.1017/s2045381721000228

引用次数: 0

The School Strike for Climate as people’s engagement in the transnational legal process and global constitutionalism 气候罢课：人们参与跨国法律程序和全球宪政

Global Constitutionalism Pub Date : 2021-10-29 DOI: 10.1017/S2045381721000204

B. Perera

{"title":"The School Strike for Climate as people’s engagement in the transnational legal process and global constitutionalism","authors":"B. Perera","doi":"10.1017/S2045381721000204","DOIUrl":"https://doi.org/10.1017/S2045381721000204","url":null,"abstract":"Abstract What is the significance of the School Strike for Climate from an international constitutional perspective? In this article, I compare the School Strike for Climate with the Hong Kong protests of 2019–20. Both these movements became necessary because of gaps in their countries’ respective domestic and international legal frameworks – what I term constitutionalism gaps. The immediate cause of each protest was how state and non-state actors exploited these constitutionalism gaps in the existing legal framework. Protests in Hong Kong were triggered by the attempt to enact an Extradition Law that threatened people’s autonomy, whereas the School Strike for Climate is a response to the failure of the state to deliver climate justice. Both these movements use similar strategies of advocacy and they have relied extensively on new technology. Based on this comparison, I argue that the School Strike for Climate promotes procedural and substantive values of constitutionalism at the international level, similar to the Hong Kong Protests at the domestic level. Through the School Strike for Climate, people seek to engage directly in the transnational legal process. In attempting to bridge the constitutionalism gap at the international level, the School Strike for Climate promotes values of global constitutionalism.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":"11 1","pages":"9 - 26"},"PeriodicalIF":0.0,"publicationDate":"2021-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47306289","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