The Cosmopolitan Constitution

The Cosmopolitan Constitution
Author: Alexander Somek
Publisher:
Total Pages: 305
Release: 2014
Genre: Law
ISBN: 0199651531

Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.

Grounding Cosmopolitanism

Grounding Cosmopolitanism
Author: Garrett Wallace Brown
Publisher: Edinburgh University Press
Total Pages: 248
Release: 2009-09-14
Genre: Political Science
ISBN: 0748640924

In a new interpretation, Garrett Wallace Brown considers Kant's cosmopolitan thought as a form of international constitutional jurisprudence that requires minimal legal demands. He explores and defends topics such as cosmopolitan law, cosmopolitan right, the laws of hospitality, a Kantian federation of states, a cosmopolitan epistemology of culture and a possible normative basis for a Kantian form of global distributive justice.

The Cosmopolitan State

The Cosmopolitan State
Author: H Patrick Glenn
Publisher: OUP Oxford
Total Pages: 399
Release: 2013-05-23
Genre: Law
ISBN: 0199682429

The idea of the 'nation-state' has failed, Glenn argues, and a major shift in our understanding of the state is needed. He provides an original approach by situating cosmopolitanism in its historical context and demonstrating that the state is necessarily cosmopolitan in character, and has always been subject to transnational law-making.

The Cosmopolitan Tradition

The Cosmopolitan Tradition
Author: Martha C. Nussbaum
Publisher: Belknap Press
Total Pages: 321
Release: 2019-08-13
Genre: Philosophy
ISBN: 0674052498

“Profound, beautifully written, and inspiring. It proves that Nussbaum deserves her reputation as one of the greatest modern philosophers.” —Globe and Mail “At a time of growing national chauvinism, Martha Nussbaum’s excellent restatement of the cosmopolitan tradition is a welcome and much-needed contribution...Illuminating and thought-provoking.” —Times Higher Education The cosmopolitan political tradition in Western thought begins with the Greek Cynic Diogenes, who, when asked where he came from, said he was a citizen of the world. Rather than declare his lineage, social class, or gender, he defined himself as a human being, implicitly asserting the equal worth of all human beings. Martha Nussbaum pursues this “noble but flawed” vision and confronts its inherent tensions. The insight that politics ought to treat human beings both as equal and as having a worth beyond price is responsible for much that is fine in the modern Western political imagination. Yet given the global prevalence of material want, the conflicting beliefs of a pluralistic society, and the challenge of mass migration and asylum seekers, what political principles should we endorse? The Cosmopolitan Tradition urges us to focus on the humanity we share rather than on what divides us. “Lucid and accessible...In an age of resurgent nationalism, a study of the idea and ideals of cosmopolitanism is remarkably timely.” —Ryan Patrick Hanley, Journal of the History of Philosophy

The Cosmopolitan Constitution

The Cosmopolitan Constitution
Author: Alexander Somek
Publisher: OUP Oxford
Total Pages: 305
Release: 2014-08-01
Genre: Law
ISBN: 0191030910

Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.

Kant, Global Politics and Cosmopolitan Law

Kant, Global Politics and Cosmopolitan Law
Author: Claudio Corradetti
Publisher: Routledge
Total Pages: 244
Release: 2021-12-13
Genre:
ISBN: 9781032236810

This book argues that to understand the complexities of our current legal-institutional arrangements, we first need an insight into Kant's global politics, and highlights the potential fruitfulness of Kant's cosmopolitan thought for contemporary political thinking.

A Cosmopolitan Legal Order

A Cosmopolitan Legal Order
Author: Alec Stone Sweet
Publisher: Oxford University Press
Total Pages: 305
Release: 2018-05-01
Genre: Law
ISBN: 0192559168

In this book, Alec Stone Sweet and Clare Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the European Court of Human Rights (ECtHR) and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.

Judicial Cosmopolitanism

Judicial Cosmopolitanism
Author: Giuseppe Franco Ferrari
Publisher: BRILL
Total Pages: 915
Release: 2019-09-24
Genre: Law
ISBN: 9004297596

Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.

Sovereign Justice

Sovereign Justice
Author: Diogo Pires Aurélio
Publisher: Walter de Gruyter
Total Pages: 266
Release: 2011
Genre: Law
ISBN: 3110245736

Main description: Over the past years global justice has established itself as one of the new and most promising frontiers of political theory. Sovereign Justice collects valuable contributions from scholars of both continental and analytic tradition, and aims to investigate into the relationship between global justice and the nation state. It deals with the moral relevance of national boundaries and cosmopolitanism, and takes into account the most influential traditions that shape current approaches to the subject, especially those descending from Rawls and Kant.