Constitutional Rights After Globalization (Human Rights) by Gavin Anderson

By Gavin Anderson

Constitutional Rights after Globalisation juxtaposes the globalization of the financial system and the global unfold of constitutional charters of rights. The shift of political authority to robust monetary actors entailed via neo-liberal globalization demanding situations the conventional state-centered concentration of constitutional legislation. modern debate has spoke back to this problem in normative phrases, even if by way of reinterpreting rights or redirecting their ends, e.g. to arrive deepest actors. even if, globalization undermines the liberal legalist epistemology on which those methods relaxation, by way of positing the lifestyles of a number of websites of criminal construction, (e.g. multinational agencies) past the nation. This dynamic, among globalization and criminal pluralism on one aspect, and rights constitutionalism at the different, offers the context for addressing the query of rights constitutionalism's counterhegemonic strength. The competing liberal and 'new' politics of definition (the latter highlighting how neoliberal values and associations constrain political motion) are contrasted to teach how each one advances various schedule. A comparative survey of constitutionalism's engagement with deepest strength indicates that conceiving of constitutions within the fundamental liberal, legalist mode has commonly favourite hegemonic pursuits.

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48 See Held et al, above n 12, at 261. 49 See P Hirst and G Thompson, Globalization in Question: The International Economy and the Possibilities of Governance (Cambridge, Polity Press, 1996) 98. 43 Global Corporate Power? ’50 Quantitative Analyses of Corporate Power Globalization-sceptics, like Paul Hirst and Grahame Thompson, ground their case in the observation that corporations remain organised at a national level. In support, they cite evidence such as data on the (relatively low) proportion of cross-border economic activity, the national composition of boards of directors, and the extent to which activities such as research and development, production and sales are still municipally-based (and also the location of assets and profits).

135 See AS Miller, The Modern Corporate State: Private Government and the American Constitution (Westport, CT, Greenwood Press, 1976). 136 See J Tully, Strange Multiplicity: Constitutionalism in an Age of Diversity (Cambridge, Cambridge University Press, 1995) 67–69. See also W Sadurski, ‘Liberalism and Constitutionalism’ in M Wyrzkowski (ed), Constitutional Cultures (Warsaw, Institute of Public Affairs, 2000) 137, 137. 137 See PW Hogg, ‘The Dolphin Delivery Case: The Application of the Charter to Private Action’ (1987) 51 Saskatchewan Law Review 273, 279.

34 Globalization and the Reconfiguration of Political Power Two ways have been proposed as a means of updating rights constitutionalism to respond to the empirical challenge of private power in the global economy. The first seeks to extend the reach of constitutional provisions limiting state action, such as freedom of expression or due process rights, so that they also limit private actors. This generally takes the form of an interpretive argument, and seeks to establish that on a proper reading of provisions on constitutional application, a more extensive range of actions becomes subject to constitutional review.

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