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Conclusions

Anne Peters

in The Constitutionalization of International Law

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199543427
eISBN:
9780191720475
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199543427.003.0007
Subject:
Law, Public International Law

This chapter discusses the pros and cons of the constitutionalist paradigm. Critics of global constitutionalism doubt the empirical reality of the phenomenon called constitutionalization, call into ... More


Democratic Sovereignty and Transnational Law: On Legal Utopianism and Democratic Skepticism

Seyla Benhabib

in Critical Theory in Critical Times: Transforming the Global Political and Economic Order

Published in print:
2017
Published Online:
January 2019
ISBN:
9780231181518
eISBN:
9780231543620
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231181518.003.0002
Subject:
Philosophy, Political Philosophy

Critics of legal cosmopolitanism and global constitutionalism have often pointed to an alleged zero-sum conflict between democratic sovereignty and a particular class of international legal norms: ... More


From International Constitutionalism to Global Constitutionalism: Vision and Modernity of the Thought of Rolando Quadri

Giuliana Ziccardi Capaldo

in The Global Community Yearbook of International Law and Jurisprudence 2014: Volume II

Published in print:
2015
Published Online:
October 2015
ISBN:
9780190270520
eISBN:
9780190271916
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190270520.003.0035
Subject:
Law, Public International Law

Professor Rolando Quadri was a leading scholar of the 20th century. He anticipated the vertical changes to the structure of the modern global community. His vision of the international community was ... More


Introduction

Matthias Klatt and Moritz Meister

in The Constitutional Structure of Proportionality

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199662463
eISBN:
9780191743405
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199662463.003.0001
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

The Introduction gives a short and concise overview on the main issues dealt with in the book. It relates the discussion of proportionality to the current debates on global constitutionalism and ... More


The Unapologetic Integration of Ethics: Stakeholder Realignments in the Light of Global Law and Shared Governance Doctrine. Distilling the Essence of Giuliana Ziccardi Capaldo’s Jurisprudential Paradigm-Shifts

Anja Matwijkiw and Bronik Matwijkiw

in The Global Community Yearbook of International Law and Jurisprudence 2015

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190647759
eISBN:
9780190647766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190647759.003.0038
Subject:
Law, Public International Law

Anja Matwijkiw and Bronik Matwijkiw provide the philosophical context for various jurisprudential paradigm-shifts that Giuliana Ziccardi Capaldo’s integrative approach accommodates as criteria for a ... More


Why Constitutional Rights Matter: The Case for Binding Constitutionalism

Alon Harel

in Why Law Matters

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199643271
eISBN:
9780191747809
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199643271.003.0007
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The Talmud says that he who is commanded and fulfils the command is greater than he who fulfils it though not commanded. This chapter applies this lesson to the legislature, and argues that a society ... More


Counter-Terrorism’s Engagement with Transnational Legality

Victor V. Ramraj

in The Long Decade: How 9/11 Changed the Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199368327
eISBN:
9780199368358
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199368327.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

One distinctive feature of modern counter-terrorism law and policy is its engagement with transnational legality – a complex web of legal norms and institutions beyond the state. This chapter ... More


The Power of Process: The Value of Due Process in Security Council Sanctions Decision-Making

Devika Hovell

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198717676
eISBN:
9780191787157
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717676.001.0001
Subject:
Law, Public International Law, Constitutional and Administrative Law

This study examines the value of due process in Security Council decision-making. The debate about due process in Security Council sanctions decision-making has endured for over a decade. There is ... More


Rights and Losses: The Ends of Minority Recognition in Joyce and International Law

Rich Cole

in Joyce and the Law

Published in print:
2017
Published Online:
May 2018
ISBN:
9780813054742
eISBN:
9780813053301
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813054742.003.0006
Subject:
Literature, 20th-century Literature and Modernism

Rich Cole's essay reads laws of minority rights in Europe to challenge the tendency for cultural historians to understand the human rights revolution as beginning in the 1940s with signing of the the ... More


The Nomos and the Gaze: Beyond Self-Determination (II)

Zoran Oklopcic

in Beyond the People: Social Imaginary and Constituent Imagination

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198799092
eISBN:
9780191839573
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198799092.003.0006
Subject:
Law, Constitutional and Administrative Law

Chapter 5 confronted the imagination of the right to self-determination in international law. It focused on the ways in which interpretations of that right hinge on jurists’ implicit cartographies, ... More


Conclusions

Alec Stone Sweet and Clare Ryan

in A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights

Published in print:
2018
Published Online:
June 2018
ISBN:
9780198825340
eISBN:
9780191864049
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825340.003.0008
Subject:
Law, Constitutional and Administrative Law

This concluding chapter summarizes the book’s findings, and considers the emergence of cosmopolitan legal systems beyond Europe. Under the tutelage of its Court, the ECHR regime has helped ... More


A Model Based on Public Accountability: The Public Interest Model in the UN Sanctions Context

Devika Hovell

in The Power of Process: The Value of Due Process in Security Council Sanctions Decision-Making

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198717676
eISBN:
9780191787157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717676.003.0007
Subject:
Law, Public International Law, Constitutional and Administrative Law

The Office of the UN Ombudsperson has been criticized in the reform debate as inferior to court-based options. Based on the value-based approach outlined in this article, this chapter reaches a ... More


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