... be found in constitutional constitutions, such as a catalogue of fundamental rights. It is therefore justified to speak of proto-constitutionalism with reference to the Old Empire. electoral capitulations Holy Roman Empire constitutional history German Constitution fundamental rights human rights...

... is an influential figure. Verdross' examinations of international community, jus cogens and multilateralism are particularly significant and it is from his exploration of these elements of international law that his insights on international constitutionalization emerged. His impact can be felt...

... , ‘ Constitutionalizing Abortion ’ in Marianne Githens and Dorothy McBride Stetson (eds), Abortion Politics: Public Policy in Cross-Cultural Perspective ( 1996 ) Reva B. Siegel , ‘Dignity and Sexuality: Claims on Dignity in Transnational Debates over Abortion and Same-Sex Marriage’ ( 2011...

...Political authority has been increasingly transferred from national to supra-national or international levels, resulting in the depoliticization of certain economic issues by substituting application of neo-liberal rules for normal politics. Such “constitutionalization” is often associated...

...This chapter presents the theoretical framework that focuses on the policy and polity parts of neoliberalism and highlights the connection between neoliberalism and democracy. It conceptualizes how the mechanisms of opposition blockade, support creation, and constitutionalization help produce...

..., their guarantees as domestic constitutional rights and their relation to international legal human rights; secondly, their relationship to other domestic constitutional law norms; and, thirdly, their role in the constitutionalization of international law itself. bills of rights constitutional law mutual...

... a constitutionalized legal order, equipped with constitutional foreign policy objectives. classic international organizations common vocabulary foreign policy interpretive devices organizations power s public powers vocabulary common binding norms competence allocation competence norms...

... of another EU policy. She notes the application of this area of law to both the public and the private sphere, which she labels the infrastructural and transformative dimensions. Muir cautions against the over-constitutionalization of EU equality law, in the sense of tying its development and shape too...

...This chapter examines the constitutionalization form of institutional managerialism. It argues that under institutional managerialism, constitutionalization occurs by way of management of policy diversity between states by institutions and rules, which are given the imprimatur...

...This chapter discusses constitutionalization by judicial non-generation. The model claims that the WTO is constitutionalizing by virtue of the judicial work of the Appellate Body, which is actively constructing norms and structures of a constitutional type. judicial World Trade Organization WTO...

...Chapter 2 analyses the legacy of constitutionalism for politics and law beyond the state. It retraces the different modes in which constitutionalism has been conceptualized in regional and global contexts, asks what it means to ‘translate’ such a concept into another sphere, and investigates...

... society initiatives and therefore lacking legally binding force. The chapter investigates to what extent these documents contribute to the project and ambitions of digital constitutionalism. It positions this phenomenon from a theoretical perspective and it considers their different degrees...

...” with relevance for the transitions from a society of orders to a society based on equal rights. The modern State appeared prior to the French Revolution in England and America. The constitutionalization of individual rights first began in the North American colonies. The discourse on the rights of men...

...The U.S. Constitution is one of the few such texts in the world that fails to address explicitly environmental protection. For years, scholars and activists have advocated the constitutionalization of environmental protection at the national level, whether via judicial interpretation of existing...

... became constitutional and what type of constitutionalism it has developed. We start by clarifying the concept and conceptions of constitution, with an emphasis on the structural and normative conceptions of constitution. Against this preliminary conceptual background, we elucidate what exactly is being...

... in the constitutionalization of international law, postulating it either as hierarchically higher order or as embodying the constitutional principles. In view of the rashness of scholars in proclaiming the peremptory character of norms and also of the inexpertness of the European and national courts in applying supposedly...

...This chapter examines the growth of international administrative law, seen as part of the process of quasi-constitutionalization. The context for this is international investment matters, the first aspect of which concentrates on a case study of the OECD’s Guidelines for Multilateral...

... assessed. It asks some normative questions about the appropriateness and efficacy of commercial ‘quasi-constitutionalization’. Does this mean that market-based relations are finally displacing publicly promoted ones? Where does this leave the rule by law (RoL) at the international level? How seriously...

... of individuals legal rights has atomistic—disintegrative—consequences. However, human rights are not merely abstract principles which, when positivated, secure negative freedom. When they are constitutionalized and turned into fundamental rights they contain a guarantee...

..., and consolidation. In addition, it also analyzes four important driving factors in relation to the causes, content, and timing of market integration: (1) the expansion of regulatory authority, (2) the constitutionalization of law, (3) the mobilization for and expansion of collective and individual rights, which...