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Constitutional Rights after Globalization (Hardcover, New): Gavin Anderson Constitutional Rights after Globalization (Hardcover, New)
Gavin Anderson
R2,783 Discovery Miles 27 830 Ships in 12 - 17 working days

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.

Curious Chronicles from Sri Lanka (Paperback): Gavin Anderson Curious Chronicles from Sri Lanka (Paperback)
Gavin Anderson
R248 Discovery Miles 2 480 Ships in 10 - 15 working days
Curious Chronicles from Indochina (Paperback): Gavin Anderson Curious Chronicles from Indochina (Paperback)
Gavin Anderson
R297 Discovery Miles 2 970 Ships in 10 - 15 working days
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