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Publisher:
Cambridge University Press
Online publication date:
July 2016
Print publication year:
2016
Online ISBN:
9781139833905
Creative Commons:
Creative Common License - CC Creative Common License - BY Creative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/creativelicenses

Book description

This volume focuses on the rise of transnational constitutional laws, primarily created by the interaction between national and international courts, and by the domestic transformation of international law. Through detailed analysis of patterns of institutional formation at key historical junctures in a number of national societies, it examines the social processes that have locked national states into an increasingly transnational constitutional order, and it explains how the growth of global constitutional norms has provided a stabilizing framework for the functions of state institutions. The book adopts a distinctive historical-sociological approach to these questions, examining the deep continuities between national constitutional law and contemporary models of global law. The volume makes an important contribution to the sociology of constitutional law, to the sociology of post-national legal processes, and to the sociology of human rights law. This title is also available as Open Access.

Reviews

'Using a historical-sociological approach, Thornhill examines the social processes that have locked national states into an increasingly transnational constitutional order. He finds that the growth of global constitutional norms has provided a stabilizing framework for the functions of state institutions.'

Source: Law and Social Inquiry

'A Sociology of Transnational Constitutions is the second instalment of a trilogy which makes up one of the most ambitious (in terms of scope and width) and challenging (in terms of innovative reconstruction) research programmes in contemporary constitutional theory. It is an impressive work which matches the level of depth and complexity of other important contemporary projects of constitutional theory like those, for example, of Gunther Teubner, Bruce Ackerman, and Martin Loughlin. … it will be impossible, in the future, to do constitutional theory without engaging with Thornhill's remarkable achievements.’

Marco Goldoni Source: Journal of Law and Society

'Mining from rich comparative research, Thornhill shows how national law has been checked by jurisprudence invoking international law.'

Hugues Rabault Source: Droit et Société

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Contents

Full book PDF
  • A Sociology of Transnational Constitutions
    pp i-i
  • Cambridge Studies in Law and Society - Series page
    pp ii-ii
  • Copyright page
    pp iv-iv
  • Dedication
    pp v-vi
  • Contents
    pp vii-vii
  • Acknowledgements
    pp viii-ix
  • Citing this work
    pp x-x
  • Introduction
    pp 1-30
  • Chapter One - The national political system and the classical constitutional formula
    pp 31-68
  • Chapter Two - Constitutional rights and the global political system
    pp 69-101
  • Chapter Three - The constitution of international law: A sociological approach
    pp 102-129
  • Chapter Four - The crisis of social inclusion and the paradox of the nation state
    pp 130-162
  • Chapter Five - Constitutional rights and the inclusion of the nation: Systemic transformations I
    pp 163-230
  • Chapter Six - Constitutional rights and the inclusion of the nation: Systemic transformations II
    pp 231-365
  • Chapter Seven - The autonomy of the post-national legal structure: The auto-constituent constitution
    pp 366-418
  • Conclusion
    pp 419-429
  • Bibliography
    pp 430-505
  • Index
    pp 506-520
  • Cambridge Studies in Law and Society - Series page
    pp 521-528

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