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Author: Gregory Shaffer
Publisher: Cambridge University Press
ISBN: 1108473105
Category : Law
Languages : en
Pages : 335
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Book Description
Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.
Author: Gregory Shaffer
Publisher: Cambridge University Press
ISBN: 1108473105
Category : Law
Languages : en
Pages : 335
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Book Description
Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.
Author: Terence C. Halliday
Publisher: Cambridge University Press
ISBN: 1107069920
Category : Business & Economics
Languages : en
Pages : 559
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Book Description
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Author: Sujit Choudhry
Publisher: Edward Elgar Publishing
ISBN: 9781783472956
Category : Constitutional history
Languages : en
Pages : 0
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Book Description
Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.
Author: Jennifer Lander
Publisher: Routledge
ISBN: 0429664133
Category : Business & Economics
Languages : en
Pages : 200
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Book Description
This book contributes new theoretical insight and in-depth empirical analysis about the relationship between transnational legality, state change and the globalisation of markets. The role of transnational economic law in influencing and reorganising national systems of governance evidences the constitutional dimensions of global capitalism: the power to institute new rules and limits for national states. This form of new constitutionalism does not undermine the state but transforms it by eroding national capacities and implanting global alternatives. While leading scholars in the field have emphasised the much-needed value of case studies, there are no studies available which consider the cumulative impact of multiple axes of transnational legal ordering on the national state or its constitution. This monograph addresses this empirical gap, whilst expanding the theoretical scope of the field. Mongolia’s recent transformation as a mineral-exporting country provides a rare opportunity to witness economic and legal globalisation in process. Based on careful empirical analysis of national law and policy-making, the book traces the way distinctive processes of transnational legal ordering have reorganised and reframed the governance of Mongolia’s mining sector, specifically by redistributing state power in relation to the market, sub-national administrations and civil society. The book investigates the role of international financial institutions, multinational corporations and non-governmental organisations in normative transmission, as well as the critical role of national actors in embedding transnational investment norms within the domestic legal and policy environment. As the book demonstrates, however, the constitutional ramifications of transnational legal ordering extend beyond the mining regime itself into more fundamental questions of the trajectory of state transformation, institutionally and ideologically. The book will be of interest to scholars of international law, global governance and the political economy of development.
Author: Gregory Shaffer
Publisher: Cambridge University Press
ISBN: 1108836585
Category : Law
Languages : en
Pages : 411
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Book Description
A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.
Author: Vijayashri Sripati
Publisher: Oxford University Press, USA
ISBN: 9780199498024
Category : Law
Languages : en
Pages : 0
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Book Description
Post 1960, all colonies enjoyed the right to sculpt their own constitutions without international assistance. Yet, from 1960-2018, over poor 40 sovereign states have adopted with United Nations Constitutional Assistance (UNCA) the Western liberal constitution. Why? A comprehensive study on UNCA, this book shows that based on the UN's official statements, UNCA works ostensibly to 'modernise' poor states. However, this results in an investor-friendly environment that largely benefits powerful transnational interests, only to secure debt-relief. Thus, political control that they experienced when they were colonies, continues in this post-colonial era.
Author: Joanne Wallis
Publisher: Cambridge University Press
ISBN: 1316157083
Category : Law
Languages : en
Pages : 421
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Book Description
How can fragmented, divided societies that are not immediately compatible with centralised statehood best adjust to state structures? This book employs both comparative constitutional law and comparative politics, as it proposes the idea of a 'constituent process', whereby public participation in constitution making plays a positive role in state building. This can help to foster a sense of political community and produce a constitution that enhances the legitimacy and effectiveness of state institutions because a liberal-local hybrid can emerge to balance international liberal practices with local customary ones. This book represents a sustained attempt to examine the role that public participation has played during state building and the consequences it has had for the performance of the state. It is also the first attempt to conduct a detailed empirical study of the role played by the liberal-local-hybrid approach in state building.
Author: Marcelo Neves
Publisher: Bloomsbury Publishing
ISBN: 1782251243
Category : Law
Languages : en
Pages : 246
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Book Description
Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.
Author: Po Jen Yap
Publisher: Cambridge University Press
ISBN: 1108924832
Category : Law
Languages : en
Pages : 213
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Book Description
The top courts in Hong Kong, Taiwan and South Korea have reshaped constitutional law on non-discrimination, criminal due process, and free speech. This volume explores how their constitutional jurisprudence has converged in the process.
Author: Erika de Wet
Publisher: Amsterdam University Press
ISBN: 9056293877
Category : International agencies
Languages : en
Pages : 35
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Book Description
This title can be previewed in Google Books - http://books.google.com/books'vid=ISBN9789056293871.
