Home  About us  Contact
 

New Constitutionalism (new + constitutionalism)

Distribution by Scientific Domains
Humanities and Social Sciences71%

Selected Abstracts

Investment Rules and the New Constitutionalism

LAW & SOCIAL INQUIRY, Issue 3 2000
David Schneiderman
The new model for economic and political renovation mandates the entrenchment, beyond the reach of majoritarian control, of rules for the free movement of transnational capital. This "new constitutionalism" removes key aspects of economic life from the influence of domestic politics within nation states. A manifestation of this new orthodoxy is the network of bilateral investment treaties designed to ensure foreign investors security from "discrimination" and "expropriation," and conferring standing on investors to sue in the event that their investment interests are impaired. This paper examines the agency of the state in promoting this self-binding regime of investment rules and its potential impact on domestic constitutional regimes. Of particular concern here are constitutional arrangements that protect property, such as that recently enacted in the Republic of South Africa, that deviate from the norms expressed in the transnational investment-rules regime. [source]

Constitutionalizing Inequality and the Clash of Globalizations

INTERNATIONAL STUDIES REVIEW, Issue 2 2002
Stephen Gill
Intensified inequalities, social dislocations and human insecurity have coincided with a redefinition of the political in the emerging world order. Part of this redefinition involves the emergence of new constitutionalism. New constitutionalism limits democratic control over central elements of economic policy and regulation by locking in future governments to liberal frameworks of accumulation premised on freedom of enterprise. New political "limits of the possible" are also redefined by a "clash of globalizations" as new constitutionalism and more generally "globalization from above" is contested from below by nationalists, populists and fundamentalists as well as diverse progressive movements in innovative forms of global political agency. [source]

Courts, the new constitutionalism and immigrant rights: The case of the French Conseil Constitutionnel

EUROPEAN JOURNAL OF POLITICAL RESEARCH, Issue 6 2004
Christian Joppke
Immigrant rights are located within a broader ,new constitutionalism' (especially in postwar Europe), in which courts have abandoned their traditional passiveness toward the political process and taken on the role of de facto legislator. Analyzing the immigration jurisprudence of the French Conseil Constitutionnel, we argue that courts are torn between two opposite imperatives: to protect an especially vulnerable category of people from the enormous police powers of the modern administrative state; and to respect an elementary exigency of sovereign stateness , that is, the capacity to draw a distinction between ,citizens' and ,aliens' as differently situated persons without a right of entry and permanence. [source]

Constitutionalizing Inequality and the Clash of Globalizations

INTERNATIONAL STUDIES REVIEW, Issue 2 2002
Stephen Gill
Intensified inequalities, social dislocations and human insecurity have coincided with a redefinition of the political in the emerging world order. Part of this redefinition involves the emergence of new constitutionalism. New constitutionalism limits democratic control over central elements of economic policy and regulation by locking in future governments to liberal frameworks of accumulation premised on freedom of enterprise. New political "limits of the possible" are also redefined by a "clash of globalizations" as new constitutionalism and more generally "globalization from above" is contested from below by nationalists, populists and fundamentalists as well as diverse progressive movements in innovative forms of global political agency. [source]

Investment Rules and the New Constitutionalism

LAW & SOCIAL INQUIRY, Issue 3 2000
David Schneiderman
The new model for economic and political renovation mandates the entrenchment, beyond the reach of majoritarian control, of rules for the free movement of transnational capital. This "new constitutionalism" removes key aspects of economic life from the influence of domestic politics within nation states. A manifestation of this new orthodoxy is the network of bilateral investment treaties designed to ensure foreign investors security from "discrimination" and "expropriation," and conferring standing on investors to sue in the event that their investment interests are impaired. This paper examines the agency of the state in promoting this self-binding regime of investment rules and its potential impact on domestic constitutional regimes. Of particular concern here are constitutional arrangements that protect property, such as that recently enacted in the Republic of South Africa, that deviate from the norms expressed in the transnational investment-rules regime. [source]

Courts, the new constitutionalism and immigrant rights: The case of the French Conseil Constitutionnel

EUROPEAN JOURNAL OF POLITICAL RESEARCH, Issue 6 2004
Christian Joppke
Immigrant rights are located within a broader ,new constitutionalism' (especially in postwar Europe), in which courts have abandoned their traditional passiveness toward the political process and taken on the role of de facto legislator. Analyzing the immigration jurisprudence of the French Conseil Constitutionnel, we argue that courts are torn between two opposite imperatives: to protect an especially vulnerable category of people from the enormous police powers of the modern administrative state; and to respect an elementary exigency of sovereign stateness , that is, the capacity to draw a distinction between ,citizens' and ,aliens' as differently situated persons without a right of entry and permanence. [source]

The Left Against Europe?

GOVERNMENT AND OPPOSITION, Issue 2 2006
A Critical Engagement with New Constitutionalism, Structural Dependence Theory
This article offers a critical engagement with two important strands of left theorizations of European Union integration and globalization, namely, ,new constitutionalism' (a sub-form of neo-Gramscian analysis) and ,structural dependence' theory (rooted in a more orthodox Marxist approach). These approaches suffer, respectively, from an uncritical or one-sided approach to constitutionalism and competitiveness; and from a theoretical conflation of national with regional political economy. While new constitutionalism under-theorizes regionalism partly because of its implicit ,methodological nationalism' and attachment to the ethics of national political economy, structural dependence theory neglects regionalism in pursuing a highly pessimistic structuralist approach to globalization. [source]