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Constitutional Rights after Globalization

By: Gavin Anderson
Media of Constitutional Rights after Globalization
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Published: 11-05-2005
Format: Hardback
Edition: 1st
Extent: 176
ISBN: 9781841134482
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £60.00
Online price : £54.00
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Loren Epson

About Constitutional Rights after Globalization

Constitutional Rights after Globalization juxtaposes the globalization of the economy and the worldwide spread of constitutional charters of rights. The shift of political authority to powerful economic actors entailed by neo-liberal globalization challenges the traditional state-centred focus of constitutional law. Contemporary debate has responded to this challenge in normative terms, whether by reinterpreting rights or redirecting their ends, e.g. to reach private actors. However, globalization undermines the liberal legalist epistemology on which these approaches rest, by positing the existence of multiple sites of legal production, (e.g. multinational corporations) beyond the state. This dynamic, between globalization and legal pluralism on one side, and rights constitutionalism on the other, provides the context for addressing the question of rights constitutionalism's counterhegemonic potential. This shows first that the interpretive and instrumental assumptions underlying constitutional adjudication are empirically suspect: constitutional law tends more to disorder than coherence, and frequently is an ineffective tool for social change. Instead, legal pluralism contends that constitutionalism's importance lies in symbolic terms as a legitimating discourse. The competing liberal and 'new' politics of definition (the latter highlighting how neoliberal values and institutions constrain political action) are contrasted to show how each advances different agenda. A comparative survey of constitutionalism's engagement with private power shows that conceiving of constitutions in the predominant liberal, legalist mode has broadly favoured hegemonic interests. It is concluded that counterhegemonic forms of constitutional discourse cannot be effected within, but only by unthinking, the dominant liberal legalist paradigm, in a manner that takes seriously all exercises of political power.

Table Of Contents

Part One: Constitutionalism beyond the State
1: Constitutionalism in an Age of Globalisation
2: Globalisation and the Reconfiguration of Political Power
Part Two: Rights Constitutionalism and the Challenge of Legal Pluralism
3: The Paradigmatic Debate: Liberal Legalism and Legal Pluralism
4: Internal Legal Pluralism and the Interpretive Question
5: External Legal Pluralism and the Instrumental Question
Part Three: Constitutional Rights in an Age of Globalisation: Towards a Legal Pluralist Theory of Constitutionalism
6: Legal Pluralism and the Politics of Constitutional Definition
7: Rights Constitutionalism and the Counterhegemonic Difficulty
Conclusion: Towards a Legal Pluralist Constitutionalism

Reviews

“The evidence Anderson marshals in favour of legal pluralism over legal liberalism is compelling.” –  Caroline Libman Mandell, University of Toronto Law Journal, Vol. 56 No. 3

“...an excellent piece of scholarship and deserves praise. It tackles head-on a theme of enormous moment-the consequences of globalisation for constitutional law-and it is anything but parochial, developing clear lines of argument on the basis of wide-ranging, interdisciplinary research.” –  Thomas Poole, Public Law

“… a convincing critique…” –  Hans Lindahl, Social and Legal Studies, Volume 16(1)

“Anderson successfully meets the challenge of discussing a potentially dry subject...by making his arguments mercifully brief, yet surprisingly clear” –  Julie A. Thomas, Law & Politics Book Review, Vol 16, No 2

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