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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Global Constitutionalism and Its Challenges to Westphalian Constitutional Law (Paperback)
Loot Price: R1,471
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Global Constitutionalism and Its Challenges to Westphalian Constitutional Law (Paperback)
Series: European Academy of Legal Theory Series
Expected to ship within 10 - 15 working days
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Westphalian constitutionalism has shaped our understanding of
politics, socio-political institutions and personal and political
freedom for centuries. It is historically based in the foundations
of Western modernity, such as humanism and rationalism, and is
organised around familiar principles of national sovereignty, the
rule of law, the separation of powers, and democracy. But since the
end of the twentieth century, global constitutionalism has
gradually emerged, challenging both the constitutional ideology and
the constitutional design of Westphalian constitutional law. This
book critically assesses the structural and functional
transformations in the Westphalian constitutional tradition
produced by the emergence of supranational and global
constitutionalism. In so doing, it evaluates the theory of global
constitutionalism, its legal and socio-political limits, and
important issues concerning the supranational constitutionalism of
the EU. This leads to an articulation of the constitutional theory
of the emerging post-Westphalian constitutionalism, examining its
development during a period of significantly increased access to
and sharing of information, increased mobility and more open
statehood, as well as the rise of human rights and its encounter
with populism and nationalism. This book will be of great interest
to scholars of constitutional law and theory, particularly those
with an interest in globalisation and supranationalism.
General
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