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Global Constitutionalism from European and East Asian Perspectives

An Introduction

Published online by Cambridge University Press:  09 November 2018

Takao Suami
Affiliation:
Waseda University, Japan
Anne Peters
Affiliation:
Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, Germany
Dimitri Vanoverbeke
Affiliation:
Katholieke Universiteit Leuven, Belgium
Mattias Kumm
Affiliation:
Humboldt-Universität zu Berlin
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Summary

International economic, financial, and social crises have shaken Europe, South East Asia, and other world regions. The international legal order is eroded by instances of disregard or open violation of its most fundamental principles, and states rising to power reclaim its adjustment to novel circumstances, needs, and values. The introduction examines the relevance of the current setting and dynamics for global constitutionalism and argues that far from rendering this approach obsolete, the contemporary constellation, coupled with persistent interdependence underscores the need for cooperation guided by shared principles. The introduction then sketches out the editors’ understanding of constitutionalism and its projection to the global realm. Addressing the weaknesses of the approach of global constitutionalism, the chapter first identifies Eurocentrism as a major concern, and the need for a European-East Asian dialogue. It also offers some answers to other points of critique, and seeks to demonstrate the power and potential of global constitutionalism when it is discussed by more diverse audiences in more inclusive way. The chapter then gives an overview over the contributions in the book. It concludes with reflections about the prospects of global constitutionalism in South East Asia, based on adjustments needed to make it a truly global framework.
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Publisher: Cambridge University Press
Print publication year: 2018

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