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Books > Law > International law > Public international law > International human rights law
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Constitutional Fragments - Societal Constitutionalism and Globalization (Hardcover)
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Constitutional Fragments - Societal Constitutionalism and Globalization (Hardcover)
Series: Oxford Constitutional Theory
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In recent years a series of scandals have challenged the
traditional political reliance on public constitutional law and
human rights as a safeguard of human well-being. Multinational
corporations have violated human rights; private intermediaries in
the internet have threatened freedom of opinion, and the global
capital markets unleashed catastrophic risks. All of these
phenomena call for a response from traditional constitutionalism.
Yet it is outside the limits of the nation-state in transnational
politics and outside institutionalized politics, in the 'private'
sectors of global society that these constitutional problems arise.
It is widely accepted that there is a crisis in traditional
constitutionalism caused by transnationalization and privatization.
How the crisis can be overcome is one of the major controversies of
modern political and constitutional theory. This book sets out an
answer to that problem. It argues that the obstinate
state-and-politics-centricity of traditional constitutionalism
needs to be counteracted by a sociological approach which, so far,
has remained neglected in the constitutional debate. Constitutional
sociology projects the questions of constitutionalism not only onto
the relationship between public politics and law, but onto the
whole society. It argues that constitutionalism has the potential
to counteract the expansionist tendencies of social systems outside
the state world, particularly of the globalized economy, science
and technology, and the information media, when they endanger
individual or institutional autonomy. The book identifies
transnational regimes, particularly in the private area, as the new
constitutional subjects in a global society, rivals to the order
and power of nation states. It presents a model of transnational,
societal constitutional fragments that could bring the values of
constitutionalism to bear on these private networks, examining the
potential horizontal application of human rights in the private
sphere, and how such fragments could interact. An original and
provocative contribution to the literature on modern
constitutionalism, Constitutional Fragments is essential reading
for all those engaged in transnational political theory.
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