Global Constitutionalism as a Method in International Economic Law
Détails
Etat: Public
Version: de l'auteur⸱e
Licence: Non spécifiée
ID Serval
serval:BIB_E58C824FF3EC
Type
Partie de livre
Sous-type
Chapitre: chapitre ou section
Collection
Publications
Institution
Titre
Global Constitutionalism as a Method in International Economic Law
Titre du livre
Research Methods in International Law: A Handbook
Editeur
Edward Elgar Publishing
ISBN
9781788972352
Statut éditorial
Publié
Date de publication
2021
Peer-reviewed
Oui
Editeur⸱rice scientifique
Deplano Rossana, Tsagourias Nicholas
Série
Handbooks of Research Methods in Law series
Pages
417-436
Langue
anglais
Résumé
Constitutionalism was traditionally a domestic law doctrine contending the institutionalization of power, the protection of fundamental (human) rights of individuals as citizens, and the rule of law. Given its value in promoting good governance in democratic societies, constitutionalism has been broadly discussed by international law scholars as a means to promote good global governance. Originally this was limited to human rights, but later extended to other shared values like the fight against nationalism and protectionism. This chapter focuses on the impact of constitutionalism on international economic law (IEL). We consider the role constitutionalism played in the development of international economic law, as well as current criticisms concerning its application in this area. Scholars have tried to link the legal and philosophical ideas of constitutionalism with economic theories, in particular ordo-liberalism which has led to particularly harsh criticism (as it is common in economic theory when it comes to the role of markets and price mechanisms as well as the role of enforceable individual rights [of capital owners and entrepreneurs]). We argue that despite this highly political controversy, constitutionalism had considerably contributed to the development and judicialization of international economic law and will continue to exert an effect on this matter.
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Création de la notice
16/07/2020 17:08
Dernière modification de la notice
21/11/2022 9:26