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https://doi.org/10.1590/2179-8966/2022/70784
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Global Constitutionalism: History, Theory and Contemporary Challenges
[journal article]
Abstract Notwithstanding the political origins of constitutionalism in the west and the leading role played by the United States in the creation of the new global order after WWII, this origin of the global constitutional project does not undermine the claims to universality underlying it. After laying out a... view more
Notwithstanding the political origins of constitutionalism in the west and the leading role played by the United States in the creation of the new global order after WWII, this origin of the global constitutional project does not undermine the claims to universality underlying it. After laying out a basic account of some core theoretical premises guiding global constitutionalism, the article presents a series of genealogical reflections, in which the basic project of global constitutionalism is affirmed, even as some of its concrete features and their connection to great power domination - and US domination more specifically - is critically highlighted. It concludes that the core challenge that global constitutionalism faces is not the shift of power away from the west to other geographical areas, such as Asia and South America. Its core challenge are structural inadequacies that are glossed over complacently and self-interestedly by powerful actors claiming to speak in its name and discrediting its basic ideas among those who suffer as a result.... view less
Keywords
constitutionalism
Classification
Basic Research, General Concepts and History of Political Science
Free Keywords
American empire; affirmative genealogy; constitucionalismo global; critical genealogy; genealogia afirmativa; genealogia crítica; global constitutionalism; império americano
Document language
English
Publication Year
2022
Page/Pages
p. 2732-2773
Journal
Revista Direito e Práxis, 13 (2022) 4
ISSN
2179-8966
Status
Published Version; peer reviewed