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Author: Alexander Somek Publisher: Oxford Constitutional Theory ISBN: 0199651531 Category : Law Languages : en Pages : 305
Book Description
The foundations of constitutional authority have changed since modern constitutions first emerged in the eighteenth century. Originally, the constitution is supposed to express and to channel popular sovereignty. It is a work of freedom. It springs from, and facilitates, collective self-determination. This perspective changes after the Second World War. From now on constitutional authority is supposed to commit itself credibly to human rights. The people recede into the background. Universal principles command respect. Moreover, the national constitution becomes embedded into one or the other system of peer review among nations. This marks the advent of the cosmopolitan constitution. But this new cosmopolitan paradise is ambivalent. Greater civility and mutual supervision in the relation among peoples exacts the price of their political disempowerment. The question is whether this new form of constitutional authority can be based on an alternative form of collective self-determination that is no longer political but cosmopolitan in kind. But would such a shift, even if possible, be also desirable?
Author: Alexander Somek Publisher: Oxford Constitutional Theory ISBN: 0199651531 Category : Law Languages : en Pages : 305
Book Description
The foundations of constitutional authority have changed since modern constitutions first emerged in the eighteenth century. Originally, the constitution is supposed to express and to channel popular sovereignty. It is a work of freedom. It springs from, and facilitates, collective self-determination. This perspective changes after the Second World War. From now on constitutional authority is supposed to commit itself credibly to human rights. The people recede into the background. Universal principles command respect. Moreover, the national constitution becomes embedded into one or the other system of peer review among nations. This marks the advent of the cosmopolitan constitution. But this new cosmopolitan paradise is ambivalent. Greater civility and mutual supervision in the relation among peoples exacts the price of their political disempowerment. The question is whether this new form of constitutional authority can be based on an alternative form of collective self-determination that is no longer political but cosmopolitan in kind. But would such a shift, even if possible, be also desirable?
Author: Garrett Wallace Brown Publisher: Edinburgh University Press ISBN: 0748640924 Category : Political Science Languages : en Pages : 248
Book Description
In a new interpretation, Garrett Wallace Brown considers Kant's cosmopolitan thought as a form of international constitutional jurisprudence that requires minimal legal demands. He explores and defends topics such as cosmopolitan law, cosmopolitan right, the laws of hospitality, a Kantian federation of states, a cosmopolitan epistemology of culture and a possible normative basis for a Kantian form of global distributive justice.
Author: Alec Stone Sweet Publisher: Oxford University Press ISBN: 0192559176 Category : Law Languages : en Pages : 272
Book Description
In this book, Stone Sweet and Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the ECHR and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.
Author: Martha C. Nussbaum Publisher: Harvard University Press ISBN: 0674052498 Category : Philosophy Languages : en Pages : 321
Book Description
The cosmopolitan political tradition defines people not according to nationality, family, or class but as equally worthy citizens of the world. Martha Nussbaum pursues this “noble but flawed” vision, confronting its inherent tensions over material distribution, differential abilities, and the ideological conflicts inherent to pluralistic societies.
Author: H Patrick Glenn Publisher: OUP Oxford ISBN: 0199682429 Category : Law Languages : en Pages : 399
Book Description
The idea of the 'nation-state' has failed, Glenn argues, and a major shift in our understanding of the state is needed. He provides an original approach by situating cosmopolitanism in its historical context and demonstrating that the state is necessarily cosmopolitan in character, and has always been subject to transnational law-making.
Author: H Patrick Glenn Publisher: OUP Oxford ISBN: 0191504971 Category : Law Languages : en Pages : 400
Book Description
For more than two centuries the idea of the nation-state has been widespread. The expression is now widely used and is even to be unavoidable. The 'nation-state' implies that the population of a state should be homogenous in terms of language, religion, and ethnicity; the nation and the state should coincide. However history demonstrates that there never has been, and there never will be, a nation-state. Human diversity is manifest in states of all sizes, locations, and origins. This wide-ranging book argues that there should be no regret in the recognition of this empirical reality, since the notion of a nation-state has been the justification for some of the worst atrocities in human history. Since the nation-state is impossible, all states are cosmopolitan in character. They are cosmopolitan regardless of the language of their constitutions or official teaching and regardless of the extent to which they officially recognize their own diversity. The most successful states are those which are most successful in their own forms of cosmopolitanism. Cosmopolitan ways are infinitely varied, however, and must be sought in the intricate workings of individual states. The cosmopolitan character of states is necessarily reflected in their law. The main instruments of legal cosmopolitanism have been those of common laws, constitutionalism, and what is best described as institutional cosmopolitanism. The relative importance of these legal instruments has changed over time but all three have been constantly operative, even in times of attempted national and territorial closure. All three remain present in the contemporary cosmopolitan state, understood in terms of cosmopolitan citizens, cosmopolitan sources and cosmopolitan thought. The cosmopolitan state is, moreover, the only appropriate conceptualization of the state in a time of globalization. This book outlines the subtlety of the law of cosmopolitan states, law which has survived through periods of nationalism and which provides the working methods for the reconciliation of diverse populations. Combining law, history, political science, political philosophy, international relations, and the new logics, it demonstrates that the idea of the nation-state has failed and should yield to an understanding of the state as necessarily cosmopolitan in character. This will be invaluable reading to all those interested in constitutional law, international law, and political theory.
Author: Timothy Zick Publisher: Cambridge University Press ISBN: 1107012325 Category : Law Languages : en Pages : 461
Book Description
We live in an interconnected world in which expressive and religious cultures increasingly commingle and collide. In a globalized and digitized era, we need to better understand the relationship between the First Amendment to the United States Constitution and international borders. This book focuses on the exercise and protection of cross-border and beyond-border expressive and religious liberties, and on the First Amendment's relationship to the world beyond US shores. It reveals a cosmopolitan First Amendment that protects cross-border conversation, facilitates the global spread of democratic principles, recognizes expressive and religious liberties regardless of location, is influential across the world, and encourages respectful engagement with the liberty regimes of other nations. The Cosmopolitan First Amendment is the product of historical, social, political, technological and legal developments. It examines the First Amendment's relationship to foreign travel, immigration, cross-border communication and association, religious activities that traverse international borders, conflicts among foreign and US speech and religious liberty models, and the conduct of international affairs and diplomacy.
Author: Claudio Corradetti Publisher: Routledge ISBN: 9781032236810 Category : Languages : en Pages : 244
Book Description
This book argues that to understand the complexities of our current legal-institutional arrangements, we first need an insight into Kant's global politics, and highlights the potential fruitfulness of Kant's cosmopolitan thought for contemporary political thinking.
Author: Diogo Aurelio Publisher: Walter de Gruyter ISBN: 3110245744 Category : Philosophy Languages : en Pages : 265
Book Description
Sovereign Justice collects valuable contributions from scholars of both continental and analytic tradition, and aims to investigate into the relationship between global justice and the nation state. It deals therefore especially with the moral relevance of national boundaries and cosmopolitanism. It is organised in four sections. The first section deals with cosmopolitan approaches to global justice, with regard to which Kok-Choir Tan's article presents an overview over the current state of the art, the challenges that cosmopolitanism is currently facing, and its relationship and contrasts with other theoretical strands. Etinson's article attempts to clarify the concept of cosmopolitanism. De Angelis's contribution aims to assess the current argumentative state of the art. The second section discusses more specific normative issues. The contributions included in this section deal with global egalitarianism, the moral relevance of national boundaries, global moral and political obligation, and the relationship of national sovereignty and global justice. The third section deals with the contribution of Rawls's work to the current debate on global justice. It also contains an article that deals with the Kantian "aesthetic judgement" - a topic already developed and made famous by Hannah Arendt - and its relevance in the context of international political theory - recently pointed out by Alessandro Ferrara's increasingly influential work. Finally, section four deals with economic justice and discusses principles of economic equality in times of globalisation and Pogge's idea of a global resources dividend. The book presents both a useful assessment of the state of the art and valuable contributions to its advancement. The articles will be of great use both for scholars and for students.
Author: Alexander Somek
Author: Alexander Somek
Author: Garrett Wallace Brown
Author: Alec Stone Sweet
Author: Martha C. Nussbaum
Author: H Patrick Glenn
Author: H Patrick Glenn
Author: Otfried Höffe
Author: Timothy Zick
Author: Claudio Corradetti
Author: Diogo Aurelio