Topic
Constitution
About: Constitution is a research topic. Over the lifetime, 37828 publications have been published within this topic receiving 435603 citations.
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TL;DR: In this paper, the authors suggest that one plausible interpretation of "constitutionalization" in the international trade law context is that it refers to the generation of a set of constitutional-type norms and structures by judicial decision-making in the Appellate Body of the World Trade Organization.
Abstract: International trade is undergoing a transformation commonly referred to as 'consti- tutionalization'. Despite the ubiquity of the phrase, its meaning remains ambiguous and its significance underexplored. The purpose of this article is to suggest that one plausible interpretation of 'constitutionalization' in the international trade law context is that it refers to the generation of a set of constitutional-type norms and structures by judicial decision-making in the Appellate Body of the World Trade Organization. Unlike the work of John Jackson, Ernst-Ulrich Petersmann and Joseph Weiler (emphasizing institutions, rights and metaphysics respectively), this article will focus on judicial constitutionalization. Four trends will illustrate this: constitutional doctrine amalgamation, system constitution, subject matter incorporation, and constitutional value association. The identification of these trends reveals the underlying structure of the constitutionalization debate. Visible through the tribunal's carefully crafted formulations of rules and justifications are the mainstay principles of constitutional reasoning (democracy and governance, constitutional design, fairness, and allocation of policy responsibility). Ultimately the arguments presented here convert the discussion from a debate about whether the WTO is a constitution into a set of speculations on the nature of international trade, and on the valency of the idea of constitutionalization.
128 citations
Book•
01 Jan 1990
TL;DR: White extended his conception of United States law as a constitutive rhetoric shaping American legal culture as mentioned in this paper, and asked how Americans can and should criticize this culture and the texts it creates, and how a judge translates the facts and the legal tradition, creating a text that constructs a political and ethical community with its readers.
Abstract: White extends his conception of United States law as a constitutive rhetoric shaping American legal culture that he proposed in When Words Lose Their Meaning, and asks how Americans can and should criticize this culture and the texts it creates. In determining if a judicial opinion is good or bad, he explores the possibility of cultural criticism, the nature of conceptual language, the character of economic and legal discourse, and the appropriate expectations for critical and analytic writing. White employs his unique approach by analyzing individual cases involving the Fourth Amendment of the United States constitution and demonstrates how a judge translates the facts and the legal tradition, creating a text that constructs a political and ethical community with its readers.
128 citations
TL;DR: One impoverishes the question of power if one poses it simply in terms of legislation and constitution as mentioned in this paper, the state and the state apparatus. Power is more complicated, dense and pervasive.
Abstract: One impoverishes the question of power if one poses it simply in terms of legislation and constitution … the state and the state apparatus. Power is … more complicated, dense and pervasive…. It's i...
127 citations
Book•
01 Jan 2000
TL;DR: In this article, Naim shows how self-government in Scotland and Wales will inexorably remove sovereignty from Westminster and also paints a satirical portrait of New Labour that cuts through the glitz and spin to the emptiness beneath.
Abstract: After Britain is a scathing analysis of the twilight of an ancient state: the United Kingdom. Its constitutional monarchy (lacking a written constitution), its parliamentary democracy (with a totally undemocratic second chamber) and its rule of law (without a full bill of rights or freedom of information) were once the envy of the world. Now, a 'modernizing' government is embarking on a last ditch effort to shore up the fragments of old glory. In this mordantly funny and brilliantly perceptive book, Tom Naim shows how self-government in Scotland and Wales will inexorably remove sovereignty from Westminster. He also paints a satirical portrait of New Labour that cuts through the glitz and spin to the emptiness beneath.
127 citations
TL;DR: For over 30 years, "CCW" has distinguished itself as the gold standard for full-text, integrated versions of 192 country constitutions, translated into English by constitutional scholars familiar with the legal systems, judicial language, and official language of the foreign jurisdictions they cover.
Abstract: For over 30 years, "CCW" has distinguished itself as the gold standard for full-text, integrated versions of 192 country constitutions, translated into English by constitutional scholars familiar with the legal systems, judicial language, and official language of the foreign jurisdictions they cover. Complementing the official documents are Introductory and Comparative Notes that examine recent amendments and highlight pertinent historical, political and economic factors. Where especially useful, a summary of topics treated is provided as well, helping the reader zero in on the most relevant articles of the constitution quickly. In some cases a chronology is also provided. Its clear and easy organization makes this set a pleasure to use. Constitutions are arranged alphabetically by country name, with each country housed in a self-contained pamphlet. Painstakingly translated, comprehensively annotated and clearly organized, this collection provides lawyers, scholars and students with an ideal tool for comparative research in constitutional law, history, and politics. It is updated approximately eight times per year.
127 citations