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The end of constitutionalism as we know it? Boundaries and the state of global constitutional (dis)ordering
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Kuo, Ming-Sung (2010) The end of constitutionalism as we know it? Boundaries and the state of global constitutional (dis)ordering. Transnational Legal Theory, 1 (3). pp. 329-369. ISSN 2041-4005.
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Abstract
Globalisation sparks aspirations for a new era of politics in which the world order would be constitutionalised. Whether this marks the coming of an age of global constitutionalism, as we currently understand constitutionalism, requires further investigation. This article aims to cast light on the issues surrounding global constitutional ordering by way of an examination of the relationship among the constitution, constitutionalism and political power in political modernity. It is argued that constitutionalism and political power are traditionally reconciled as constitutional ordering within the framework of a constitutional nomos. At the core of this constitutional nomos is a dual delimitation of boundaries, generational and jurisdictional. A close inspection, however, shows that the constitutional nomos collapses in the process of globalisation, unsettling the reconciliation of constitutionalism and political power in constitutional ordering. As a result, constitutional ordering in the global era fluctuates between selective constitutionalism and constitutional fragmentism, signalling the end of constitutionalism as we know it.
Item Type: | Journal Article | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | Transnational Legal Theory | ||||
Publisher: | Hart Publishing Ltd. | ||||
ISSN: | 2041-4005 | ||||
Official Date: | September 2010 | ||||
Dates: |
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Volume: | 1 | ||||
Number: | 3 | ||||
Page Range: | pp. 329-369 | ||||
Status: | Peer Reviewed |
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