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Constitutional Rights after Globalization juxtaposes the
globalization of the economy and the worldwide spread of
constitutional charters of rights. The shift of political authority
to powerful economic actors entailed by neo-liberal globalization
challenges the traditional state-centred focus of constitutional
law. Contemporary debate has responded to this challenge in
normative terms, whether by reinterpreting rights or redirecting
their ends, e.g. to reach private actors. However, globalization
undermines the liberal legalist epistemology on which these
approaches rest, by positing the existence of multiple sites of
legal production, (e.g. multinational corporations) beyond the
state. This dynamic, between globalization and legal pluralism on
one side, and rights constitutionalism on the other, provides the
context for addressing the question of rights constitutionalism's
counterhegemonic potential. This shows first that the interpretive
and instrumental assumptions underlying constitutional adjudication
are empirically suspect: constitutional law tends more to disorder
than coherence, and frequently is an ineffective tool for social
change. Instead, legal pluralism contends that constitutionalism's
importance lies in symbolic terms as a legitimating discourse. The
competing liberal and 'new' politics of definition (the latter
highlighting how neoliberal values and institutions constrain
political action) are contrasted to show how each advances
different agenda. A comparative survey of constitutionalism's
engagement with private power shows that conceiving of
constitutions in the predominant liberal, legalist mode has broadly
favoured hegemonic interests. It is concluded that counterhegemonic
forms of constitutional discourse cannot be effected within, but
only by unthinking, the dominant liberal legalist paradigm, in a
manner that takes seriously all exercises of political power.
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