
Published online:
20 April 2015
Published in print:
05 April 2012
Online ISBN:
9780190260019
Print ISBN:
9780199837427
Contents
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I. The Structural Constitution I. The Structural Constitution
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A. Federalism and the Separation of Powers A. Federalism and the Separation of Powers
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B. Nationalization, Globalization, and the Constitution B. Nationalization, Globalization, and the Constitution
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II. Regulation and Globalization II. Regulation and Globalization
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III. Globalization and Constitutional Accommodation III. Globalization and Constitutional Accommodation
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IV. Sovereignty and Globalization IV. Sovereignty and Globalization
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A. Accountability A. Accountability
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82B. Legitimacy 82B. Legitimacy
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V. Conclusion V. Conclusion
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Cite
Ku, Julian, and John Yoo, 'Globalization and Structure', Taming Globalization: International Law, the U.S. Constitution, and the New World Order (New York , 2012; online edn, Oxford Academic, 20 Apr. 2015), https://doi.org/10.1093/acprof:osobl/9780199837427.003.0003, accessed 28 Apr. 2025.
Abstract
As the nature of globalization is all-encompassing it is also important to determine how it seemingly manages to erase the line separating federal and state law. This chapter focuses on the idea of how this puts pressure on the structure of the Constitution as international law transfers the power to control and implement international legal obligations from the executive and legislative branches. It also demonstrates how the movement of global governance brought by globalization is modeled after the New Deal which, left unchecked, could produce strains in the structure of the Constitution.
Keywords:
globalization, federal law, state law, US Constitution, international law, Executive branch, Legislative branch, global governances, New Deal
Subject
Public International Law
Collection:
Oxford Scholarship Online
Taming Globalization: International Law, the U.S. Constitution, and the New World Order. Julian Ku and John Yoo, Oxford University Press (2012). © Julian Ku and John Yoo. DOI: 10.1093/acprof:osobl/9780199837427.003.0003
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