The precursors of contemporary global constitutionalism

Contemporary and mainstream narratives of global constitutionalism invariably treat it a post-Cold War phenomenon.Though theories abound as to the meaning and nature of global constitutionalism ranging from descriptive to normative, it predominantly remains a scholarly endeavour with some illustrative claims of empirical validity.Given the tremendous diversity associated with the invocation of the label by a variety of academics, a precise genealogy of the concept is hard to obtain.However, an inquiry into the intellectual origins of the notion is all the more important if it has to be revised to be more inclusive, anti-imperialist and truly transformative in nature rather than be in service of reification of Western imperialism reinforced by capitalist globalisation.Besides being readily linked to the idea of globalisation, global constitutionalism is also sometimes seen to be exclusively the brainchild of German philosophers, lawyers and academics.These assumptions need to be interrogated not just as a pretext for stocktaking but for gleaning lessons from the past for conceptualising and envisioning a truly just world order that may or may not be unipolar but which centralises the idea of global peace as well as welfare.

Authors

Publication Details

Journal
International Journal of Human Rights and Constitutional Studies
Published
2024-12-01
DOI
https://doi.org/10.1504/ijhrcs.2025.142886
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

The precursors of contemporary global constitutionalism

N.A. Shivam
International Journal of Human Rights and Constitutional Studies
International Law and Human Rights
article

The precursors of contemporary global constitutionalism

N.A. Shivam
article en

Abstract

Contemporary and mainstream narratives of global constitutionalism invariably treat it a post-Cold War phenomenon.Though theories abound as to the meaning and nature of global constitutionalism ranging from descriptive to normative, it predominantly remains a scholarly endeavour with some illustrative claims of empirical validity.Given the tremendous diversity associated with the invocation of the label by a variety of academics, a precise genealogy of the concept is hard to obtain.However, an inquiry into the intellectual origins of the notion is all the more important if it has to be revised to be more inclusive, anti-imperialist and truly transformative in nature rather than be in service of reification of Western imperialism reinforced by capitalist globalisation.Besides being readily linked to the idea of globalisation, global constitutionalism is also sometimes seen to be exclusively the brainchild of German philosophers, lawyers and academics.These assumptions need to be interrogated not just as a pretext for stocktaking but for gleaning lessons from the past for conceptualising and envisioning a truly just world order that may or may not be unipolar but which centralises the idea of global peace as well as welfare.

International Journal of Human Rights and Constitutional StudiesVol. 12(1)
Peace, Justice and strong institutions
Openalex Percentile: Top 65%
International Law and Human Rights
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