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Against democratic intergovernmentalism: The case for a theory of constituent power in the global realm

Markus Patberg.

in International Journal of Constitutional Law

July 2016; p ublished online September 2016 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 8844 words.

The normative school of global constitutionalism lacks a convincing model of constitutional politics. As far as the democratic legitimacy of constitution making at the supra-state level is...

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Beyond drip-painting? Ten years of GAL and the emergence of a global administration

Lorenzo Casini.

in International Journal of Constitutional Law

April 2015; p ublished online July 2015 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 2272 words.

This article presents a brief overview of a decade of global administrative law (GAL), shows how GAL productively frames international organizations in terms of global administrations, and...

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The civil servant’s role in the implementation of constitutional rights

Vanessa MacDonnell.

in International Journal of Constitutional Law

April 2015; p ublished online July 2015 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 13790 words.

This article examines the role civil servants play in ensuring that politicians fulfil their constitutional obligations. Scholars have not generally identified civil servants as a positive...

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Constituent power and constitutionalization in Europe

Hauke Brunkhorst.

in International Journal of Constitutional Law

July 2016; p ublished online September 2016 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 8682 words.

In this article, I introduce a modified version of Koskenniemi’s distinction between two kinds of constitutional mindsets: Kantian v. managerial. I combine this distinction with...

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Constituent power, cosmopolitan constitutionalism, and post-positivist law

Mattias Kumm.

in International Journal of Constitutional Law

July 2016; p ublished online September 2016 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 7859 words.

In the modern constitutionalist tradition, the concept of constituent power imagined to be held by “We the People” is widely held to be foundational for the legitimate authority of...

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Constitutional identity, unconstitutional amendments and the idea of constituent power: The development of the doctrine of constitutional identity in German constitutional law

Monika Polzin.

in International Journal of Constitutional Law

April 2016; p ublished online July 2016 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 15138 words.

The article examines how the concept of constitutional identity has evolved in German constitutional history since 1871, the year of entry into force of the first Germany-wide constitution....

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Constitutions and courts in Chinese authoritarian regimes: China and pre-democratic Taiwan in comparison

Chien-Chih Lin.

in International Journal of Constitutional Law

April 2016; p ublished online July 2016 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 14084 words.

Constitutions and courts play important roles not only in democracies but also in dictatorships. Yet the functions of constitutions and courts actually differ from one autocracy to another....

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Contested global order(s): Rising powers and the re-legitimation of global constitutionalization

Nele Noesselt.

in International Journal of Constitutional Law

July 2016; p ublished online September 2016 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 8729 words.

The global financial crisis, sometimes even referred to as a crisis of liberal-style capitalism, functions as a critical juncture that has triggered a critical reassessment of the global...

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Contextualizing constitutional Islam: The Malayan experience

Kristen Stilt.

in International Journal of Constitutional Law

April 2015; p ublished online July 2015 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 14048 words.

The incorporation of references to Islam and Islamic law (such as the establishment of Islam as the state religion, or the “establishment clause”) in modern constitutions is now a...

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Distinctive identity claims in federal systems: Judicial policing of subnational variance

Antoni Abat i Ninet and James A. Gardner.

in International Journal of Constitutional Law

April 2016; p ublished online July 2016 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 17261 words.

It is characteristic of federal states that the scope of subnational power and autonomy are subjects of frequent dispute, and that disagreements over the reach of national and subnational...

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