Download Constitutional Rights After Globalization (Human Rights) by Gavin Anderson PDF

By Gavin Anderson

Constitutional Rights after Globalisation juxtaposes the globalization of the economic system and the global unfold of constitutional charters of rights. The shift of political authority to robust fiscal actors entailed through neo-liberal globalization demanding situations the conventional state-centered concentration of constitutional legislations. modern debate has answered to this problem in normative phrases, no matter if by way of reinterpreting rights or redirecting their ends, e.g. to arrive deepest actors. besides the fact that, globalization undermines the liberal legalist epistemology on which those ways leisure, by way of positing the lifestyles of a number of websites of criminal construction, (e.g. multinational organizations) past the country. This dynamic, among globalization and criminal pluralism on one facet, and rights constitutionalism at the different, presents the context for addressing the query of rights constitutionalism's counterhegemonic capability. The competing liberal and 'new' politics of definition (the latter highlighting how neoliberal values and associations constrain political motion) are contrasted to teach how each one advances assorted schedule. A comparative survey of constitutionalism's engagement with inner most energy indicates that conceiving of constitutions within the essential liberal, legalist mode has widely favourite hegemonic pursuits.

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16 Constitutionalism in an Age of Globalization which draws attention to the constitutional dimension of economic globalization. I show how, on the key issue of rights constitutionalism’s counterhegemonic potential, the former operates to protect private power, while the latter seeks to open its exercise to greater account and scrutiny. This reveals that the major importance of rights constitutionalism lies not at the instrumental level of adjudication, but at the symbolic level of how its prevailing politics of definition consolidate or disturb hegemonic interests.

I will argue 42 Held et al, above n 12, at 228. ’ 44 There is an interesting contrast between the ‘deregulatory’ rhetoric of neoliberalism, and its reliance on the state to survive and flourish. It is often noted that the development of global capitalism is far from the spontaneous outburst of activity as envisaged by classical liberal theorists such as Hayek, but rather an organised process, where, in order for the state not to intervene in the economy, it has to intervene in the economy (see Santos, above n 18, at 412).

Sovereignty in an Age of Globalization (New York, Columbia University Press, 1996) 14. 4 M Loughlin, Sword and Scales: An Examination of the Relationship Between Law and Politics (Oxford and Portland, OR, Hart Publishing, 2000) 145. 5 See D Castiglione, ‘The Political Theory of the Constitution’ (1996) 44 Political Studies 417, 421–22. 18 Globalization and the Reconfiguration of Political Power are concerned with protecting the autonomy of the individual,6 then the fact of significant sites of private power questions the relevance of an approach that focuses on the state alone.

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