Global Constitutionalism by Aydin Atilgan

Author:Aydin Atilgan
Language: eng
Format: epub
Publisher: Springer Berlin Heidelberg, Berlin, Heidelberg

4.2 Contemporary Constitutionalism and Globalization

The discursive facts on constitutions do not merely consist of interpretational differences. In addition, the current constitutional law discourse, particularly comparative constitutional law, hosts a number of debates that were also induced by globalization to a great extent. These are basically the migration of constitutional norms and values, changing forms of legitimation from a constituent power to rights, and changing integrative functions of constitutions. The major claim here is that these developments are of key roles in shaping the contemporary concept of constitution. That is to say, a framework of contemporary constitution can hardly be drawn without taking note of these implications that are observed in the contemporary constitutional and transconstitutional facts. As such, they should be counted as essential for reconstructing the idea of contemporary constitution.

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