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The Constitutionalization of the World Trade OrganizationLegitimacy, Democracy, and Community in the International Trading System$
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Deborah Z. Cass

Print publication date: 2005

Print ISBN-13: 9780199285846

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199285846.001.0001

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Constitutionalization: The Received Account

Constitutionalization: The Received Account

Chapter:
(p.28) 2 Constitutionalization: The Received Account
Source:
The Constitutionalization of the World Trade Organization
Author(s):

DEBORAH Z. CASS

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199285846.003.0002

This chapter draws on international, supranational, and domestic legal theory to identify what constitutionalization means, before examining the term in the specific context of the WTO. It identifies an account of constitutionalization which, traditionally, has been used to analyze changes in political and legal systems. This model, called the received account of constitutionalization, emphasizes the presence of six core elements: the emergence of constraints on political, social, and economic behaviour; a new Grundnorm or rule of recognition; political community; deliberative process; realignment of relationships within that community; and social legitimacy.

Keywords:   WTO, constitutionalization, international trade, world trade

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