‘We the heads of state …’
Pitfalls of global constitutional practice
Bibliographic Data
| ID | 17819280 |
|---|---|
| Authors | Friederike Kuntz (Freie Universität Berlin, corresponding author) |
| Year | 2020 |
| Volume | 9 |
| Issue | 3 |
| Pages | 437-466 |
| Publication date | 2020-11-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Global Constitutionalism (JOURNAL) |
| Journal identifiers | ISSN: 2045-3817 • E-ISSN: 2045-3825 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s2045381720000301 |
| OpenAlex | W3096141744 |
| Language | EN |
| References cited | 45 |
Constitutions are social and historical artefacts that take part in the government of humans. Based on a comparison of how contemporary ‘global’ and historical ‘local’ constitutional documents establish power relations between ‘humans’ and their ‘government’, this article suggests that both types of documents involve different constitutive logics. Global constitutional documents create a ‘new normativity’ – a reversed constitution – that turns the historical relationship between pouvoir constituant and pouvoir constitué on its head. Such documents shift the primary responsibility for human rights from governments to humans. Research in the academic field of global constitutionalism omits this constitutional reconfiguration. By offering a more historically sensitive and reflexive account of constitutionalization, the field of global constitutionalism can realize an as yet unexplored critical potential
Constitution · Constitutionalism · Democracy · Law and economics · Political science · Politics · Reflexivity · Social science · Sociology · Computer Science · Historical and Contemporary Political Dynamics · International Law and Human Rights · Judicial and Constitutional Studies · Law · Philosophy
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The Gentle Civilizer of Nations
The Invisible Constitution of Politics
Dual Democracy
Between Statecraft and Humanism
International Practices
What Is Critique
Questions of Method
Foucault and the Politics of Rights
Global constitutionalism
Human rights, politics and love
The Politics of International Law - 20 Years Later
Human Rights as International Constitutional Rights
Compensatory Constitutionalism
How to Reform the UN System? Constitutionalism, International Law, and International Organizations
The Unfreedom of the Moderns in Comparison to Their Ideals of Constitutional Democracy
Territory, authority, rights
The Preamble of the Charter--A Critical Analysis
Political Philosophy As a Critical Activity
Declarations of Independence
The Declaration of Independence
| Citation velocity | historical |
|---|---|
| Highly cited | No |