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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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Global Constitutionalism in International Legal Perspective


ISBN13: 9789004191150
Published: March 2011
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £121.00



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The question of whether a global constitution exists or is emerging, and if so, what form it takes, is one of the most intriguing and controversial topics of recent international theory. This book examines public international law contributions to the debate, specifically taking a step back to enquire about the underlying assumptions that inform this debate. While contemporary contributors declare the idea of global constitutionalism to be global, this book reveals and interrogates the underlying liberal democratic themes that define prevailing approaches, thus calling universality into question. Drawing on critical theories within and without the international legal discipline, this book suggests a reconceptualisation of global constitutionalism in terms of what is named ‘organic global constitutionalism’. The book thus addresses significant shortcomings and illuminates necessary reorientations to a field that is currently still in the crucial phase of formation.