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New Perspectives on the Divide Between National and International Law$
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Janne E. Nijman and André Nollkaemper

Print publication date: 2007

Print ISBN-13: 9780199231942

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199231942.001.0001

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The Globalization of State Constitutions

The Globalization of State Constitutions

Chapter:
(p.251) 10 The Globalization of State Constitutions
Source:
New Perspectives on the Divide Between National and International Law
Author(s):

Anne Peters

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199231942.003.0011

This chapter examines the effects of globalization on State constitutions. It suggests that consistent interpretation and a readiness to ascribe less importance to the formal origin of norms could overcome hierarchical thinking and would improve global constitutional governance. The chapter then describes the globalization of core constitutional principles. It shows how global governance affects and even undermines basic principles such as the rule of law, democracy, social security, and territorial organization. It analyses how State constitutions are further adapted to globalization in substance, both by way of amendments and through dynamic interpretation. Finally, the chapter concludes with the suggestion that constitutionalist thinking could be extended, with due caution, to world order.

Keywords:   constitutionalism, constitutional governance, global governance, rule of law, democracy, social security, territorial organization, human rights, supremacy of international law, legal globalization

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