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This thoroughly revised Handbook presents an up-to-date political
and philosophical history of global constitutionalism. By exploring
the constitutional-like qualities of international affairs, it
provides key insights into the evolving world order. Through a
sustained examination of current events, as well as an
acknowledgement of the significance of early constitutional
history, this erudite Handbook brings together contributions from
world-leading academics. New chapters offer timely commentaries on
important developments in methodology such as postcolonial and
feminist approaches. By providing additional scope for analysis,
this updated edition further emphasises the central message of the
first: that the global order cannot be understood without a clear
comprehension of constitutional theory. The Handbook on Global
Constitutionalism will act as an essential resource for scholars
and academics of law, politics and human rights. Due to its
comprehensive examination of vital concepts such as legal theory,
it will additionally be beneficial for practitioners and policy
makers.
This Handbook introduces scholars and students to the history,
philosophy and evidence of global constitutionalism. Contributors
provide their insights from law, politics, international relations,
philosophy and history, drawing on diverse frameworks and empirical
data sets to explore the idea of a global constitutional order.
Across them all, however, is a recognition that the international
order cannot be understood without an understanding of
constitutional theory. In bringing together some of the leading
contemporary scholars, this Handbook will define this field of
inquiry for the next generation. This is the first Handbook in the
emerging interdisciplinary field of global constitutionalism and
offers contributions from experts in both law and political
science. Through historical, legal, political and ethical analyses
it provides unique coverage of distinct perspectives on global
constitutionalism. The editors and their authors provide insights
into the changing world order by emphasizing the
constitutional-like qualities of international affairs, with
particular attention paid to law, power and human rights. This
unique and innovative Handbook will be the definitive
state-of-the-art resource for the pioneers of global
constitutionalism, as well as those readers interested in
international law, international relations theory, comparative
constitutionalism, history, public philosophy, political sociology
and political theory alike. Contributors include: G.W. Anderson, A.
Arato, S. Besson, A. Birdsall, G.W. Brown, J. Brunnee, B. Cali, E.
Carolan, J. d'Aspremont, M.W. Doyle, J.L. Dunoff, B. Fassbender, I.
Ferguson, J. Harries, T.O. Hueglin, O. Jutersonke, J. Klabbers, M.
Kumm, A.F. Lang, Jr., S. Mancini, P. Niesen, F. Oakley, A. Peters,
M.J. Peterson, M. Rosenfeld, W.E. Scheuerman, C. Schwoebel-Patel,
J. Shaw, C. Thornhill, S.J. Toope, J.P. Trachtman, M.J. van
Ittersum, N. Walker, A. Wiener, J. Wilkens
The "Theory of Contestation" advances critical norms research in
international relations. It scrutinises the uses of contestation in
international relations theories with regard to its descriptive and
normative potential. To that end, critical investigations into
international relations are conducted based on three thinking tools
from public philosophy and the social sciences: The normativity
premise, the diversity premise and cultural cosmopolitanism. The
resulting theory of contestation entails four main features, namely
types of norms, modes of contestation, segments of norms and the
cycle of contestation. The theory distinguishes between the
principle of contestedness and the practice of contestation and
argues that, if contestedness is accepted as a meta-organising
principle of global governance, regular access to contestation for
all involved stakeholders will enhance legitimate governance in the
global realm."
Although great efforts have been made to understand citizenship, it
has remained a contested concept, largely because of the problem of
the changing relationship between citizens and their community of
membership or belonging. The European Union poses the most recent
and dramatic change to this definition of citizenship. Arguing that
citizenship mu
Although great efforts have been made to understand citizenship, it
has remained a contested concept, largely because of the problem of
the changing relationship between citizens and their community of
membership or belonging. The European Union poses the most recent
and dramatic change to this definition of citizenship. Arguing that
citizenship must be explored from a perspective that takes this
continual change into account, Antje Wiener develops the concept of
citizenship practice--the process of policymaking and/or political
participation which contributes to creating the terms of
citizenship. The approach draws on both comparative
social-historical literature on the state and the new historical
institutionalism in European integration theories. ""European"
Citizenship Practice" advances a discursive analysis of citizenship
practice based on these related bodies of literature, which lie at
the heart of this important contribution to citizenship studies.
Antje Wiener examines the involvement of local actors in conflicts
over global norms such as fundamental rights and the prohibition of
torture and sexual violence. Providing accounts of local
interventions made on behalf of those affected by breaches of
norms, she identifies the constraints and opportunities for
stakeholder participation in a fragmented global society. The book
also considers cultural and institutional diversity with regard to
the co-constitution of norm change. Proposing a clear framework to
operationalize research on contested norms, and illustrating it
through three recent cases, this book contributes to the project of
global international relations by offering an agency-centred
approach. It will interest scholars and advanced students of
international relations, international political theory, and
international law seeking a principled approach to practice that
overcomes the practice-norm gap.
With coverage of both traditional and critical theories and
approaches to European integration and their application, this is
the most comprehensive textbook on European integration theory and
an essential guide for all students and scholars interested in the
subject. Throughout the text, a team of leading international
scholars demonstrate the current relevance of integration theory as
they apply these approaches to real-world developments and crises
in the contemporary European Union.
Antje Wiener examines the involvement of local actors in conflicts
over global norms such as fundamental rights and the prohibition of
torture and sexual violence. Providing accounts of local
interventions made on behalf of those affected by breaches of
norms, she identifies the constraints and opportunities for
stakeholder participation in a fragmented global society. The book
also considers cultural and institutional diversity with regard to
the co-constitution of norm change. Proposing a clear framework to
operationalize research on contested norms, and illustrating it
through three recent cases, this book contributes to the project of
global international relations by offering an agency-centred
approach. It will interest scholars and advanced students of
international relations, international political theory, and
international law seeking a principled approach to practice that
overcomes the practice-norm gap.
This book was first published in 2008. As social practices now
frequently extend beyond national boundaries, experiences and
expectations about fair and legitimate politics have become
increasingly fragmented. Our ability to understand and interpret
others and to tolerate difference, rather than overcome diversity,
is therefore at risk. This book focuses on the contested meanings
of norms in a world of increasing international encounters. The
author argues that cultural practices are less visible than
organisational practices, but are constitutive for politics and
need to be understood and empirically 'accounted' for. Comparing
four elite groups in Europe, Antje Wiener shows how this invisible
constitution of politics matters. By comparing individual
interpretations of norms such as democracy and human rights, she
shows how they can mean different things, even to frequently
travelling elite groups.
Debate about the theory underpinning the nature, workings, and
development of the European (EU) has in many ways been hampered in
recent years by an intellectual divergence in the two main ways
that the EU is conceptualized. On the one hand is a political
science and comparative government oriented strand that sees the EU
as a political system in its own right. On the other is the
international relations tradition which conceptualizes it as
another international organization. Alongside this, the EU itself
has developed a significant constitutional dimension. Indeed, the
debate surrounding the 'Constitutional Treaty' presented several
challenges to our capacity to grasp the normative change of this
non-state polity. Despite the eventual contestation of the EU's
'constitutional turn' through the French and Dutch no-votes and the
cumbersome procedure of ratifying the Lisbon Treaty in their
aftermath, debates about the EU's constitutional quality have not
ceased. In the light of these developments, the editors of this
volume, along with their distinguished contributors, have attempted
to create a more decisively interdisciplinary theoretical approach
to studying the EU within the wider world-political context. The
volume brings together scholars in a range of disciplines across
the social sciences to offer, not a complete theory, but rather a
theoretical approach combining different stands of political and
legal theory. The book's aim is to inspire further engagement with
the central tenets of political authority and world order,
sovereignty and constitutional change and democracy and justice, in
the context of the EU's political development.
As social practices now frequently extend beyond national
boundaries, experiences and expectations about fair and legitimate
politics have become increasingly fragmented. Our ability to
understand and interpret others and to tolerate difference, rather
than overcome diversity, is therefore at risk. This book focuses on
the contested meanings of norms in a world of increasing
international encounters. The author argues that cultural practices
are less visible than organisational practices, but are
constitutive for politics and need to be understood and empirically
'accounted' for. Comparing four elite groups in Europe, Antje
Wiener shows how this invisible constitution of politics matters.
By comparing individual interpretations of norms such as democracy
and human rights, she shows how they can mean different things,
even to frequently travelling elite groups.
The book examines the process of European integration and highlights issues of institutional dynamics and prospects for democracy.
European integration is at a turning point with implications for
all member states and their citizens. The Amsterdam treaty marks a
shift towards constitutional issues. Integration has involved a
continually evolving process of constitution making. A group of
leading scholars argue that the shift towards constitutional issues
is rooted not only in the issues on the European level, but also in
shifting models of political and economic organization in the
member states. Paradox ically, however, this push towards
integration is accompanied by a number of institutional changes and
political decisions, which challenge the picture of on-going
integration, and indicate a shift towards a new pluralism in the
Euro-polity. The contributors address questions such as; what are
the likely effects of the Amsterdam treaty changes in comparison
with Maastricht?; how will these changes effect the complex balance
among the governing institutions of the EU?; and what will be the
implications for the lingering quest for democracy?
This book is the first to systematically introduce and apply a social constructivist perspective to the study of European integration. Social constructivism is carefully located in terms of its philosophical and methodological origins. The wider debates and contribution of constructivist approaches to international relations are reviewed, and the insights that might then be afforded to European studies fully explored. Highlights include: new theoretical contributions to the debate by Ernst B. Haas, Andrew Moravcsik and Steve Smith; research on key aspects of European integration and EU governance applying a variety of constructivist approaches. The Social Construction of Europe provides new and important insights to a key area of contemporary study and research.
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