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Semantic constitutionalism at the Fin De Siècle : what if constitutional ordering is simply a reflection of constitutional episteme?
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Kuo, Ming-Sung (2013) Semantic constitutionalism at the Fin De Siècle : what if constitutional ordering is simply a reflection of constitutional episteme? Working Paper. Coventry: University of Warwick. Warwick School of Law Research Paper (Number 2013/21).
An open access version can be found in:
Official URL: http://ssrn.com/abstract=2304731
Abstract
Facing the post-Cold War new situation, the underpinnings of our epistemic framework for constitutional ordering are being contested. Against this intellectual backdrop, Gunther Teubner’s ‘societal constitutionalism’, which he elaborates in 'Constitutional Fragments: Societal Constitutionalism and Globalization', stands out from the numerous reworked conceptions of Constitution, all of which aim to account for the new political and socio-economic world in the global era in constitutional terms. This essay aims to put Teubner’s epistemic innovation in constitutional theory in perspective, suggesting that his version of global constitutionalism reminisces a semantic constitutionalism as his envisaged world order comprising ‘constitutional fragments’ is dis-embedded from political, discursive communities of self-determination. With functional autonomisation in the place of political self-determination, Teubner’s constitutional wonderland appears to be steeped in an endless process of constitutionalisation without the Constitution as we know it, raising the question of whether we can build a political ordering simply on a constitutional episteme.
Item Type: | Working or Discussion Paper (Working Paper) | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Series Name: | Warwick School of Law Research Paper | ||||
Publisher: | University of Warwick | ||||
Place of Publication: | Coventry | ||||
Official Date: | 1 August 2013 | ||||
Dates: |
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Number: | Number 2013/21 | ||||
Number of Pages: | 33 | ||||
Status: | Not Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Open Access (Creative Commons) | ||||
Open Access Version: |
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