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- Title
Globalization of Constitutional Law through Interaction of Judges.
- Authors
Limbach, Jutta
- Abstract
Over the last few decades, the world has experienced a remarkable process of globalization of law — in particular, constitutional law — due to the emergence of what amounts to a human rights-based constitutional ius cogens. This body of global legal rules has led to the increasing homogeneity of constitutional law around the world, because it is deemed as mandatory. The globalization of constitutional law has not been confined to consolidated democracies, but it has also reach transitional ones, such as those of Latin America. In this region, the acceptance of the new constitutional ius cogens has involved a revolutionary transformation of the content and uses of constitutional law. According to the new paradigm, constitutions involve not just rules but — more importantly — fundamental principles of public law drawn from international human rights law. Furthermore, the new paradigm includes a new conception of the role of high courts, which encourages them to assertively adjudicate the constitution.
- Subjects
GLOBALIZATION; CONSTITUTIONAL law; JUSTICE administration; JUDGES; POLITICAL doctrines
- Publication
Law & Politics in Africa, Asia & Latin America / Verfassung und Recht in Übersee (VRÜ), 2008, Vol 41, Issue 1, p51
- ISSN
0506-7286
- Publication type
Article