Global Constitutionalism from European and East Asian Perspectives

ISBN-13: 9781108417112 / Angielski / Twarda / 2019 / 622 str.

Takao Suami; Mattias Kumm; Dmitri Vanoverbeke

Opis

Examines and compares East Asian and European perspectives of Global constitutionalism

Recenzje

“This book is a timely contribution to the important study of Global Constitutionalism. Its comparisons between two equally aged but very different traditions - European and East Asian - is as insightful it is challenging, since East Asia alone is such an amorphous entity, with China, Japan and Korea standing out as qualitatively different polities. By bringing together scholars from diverse countries, the book provides a rare platform for meaningful dialogues between radically different institutional and cultural traditions.' Zhang Qianfan, Peking University, Beijing

Spis treści

Part I. Groundwork: Interplay between European Ideas and East Asian Perspectives: 1. Perpetuum mobile: before and after global constitutionalism Toshiki Mogami; 2. China's socialist rule of law and global constitutionalism Bin Li; 3. Global Constitutionalism and East Asian perspectives in the context of political economy Christine Schwöbel-Patel; 4. Global Constitutionalism and European legal experiences: can European constitutionalism be applied to the rest of the world? Takao Suami; 5. On the history and theory of global constitutionalism Mattias Kumm; Part II. Pursuit of Common Values: Human Rights and the Rule of Law from East Asian Perspectives: 6. Are we talking the same language? The socio-historical context of global constitutionalism in East Asia as seen from Japan's experiences Dimitri Vanoverbeke; 7. Chinese perspectives on the rule of law: prospects and challenges for global constitutionalism Matthieu Burnay; 8. Cosmopolitanising rights practice: the case of South Korea Yoon Jin Shin; Part III. Horizontal Interactions: Trade, Environment and Development: 9. Global Constitutionalism: the social dimension Anne Peters; 10. Development issues in the discourse of Global Constitutionalism Hyuck-Soo Yoo; 11. A new idea for constructing the global legal mechanism of the right to development Xigen Wang; 12. Fair is foul, and foul is fair: the mixed character of constitutionalism in the global economic governance Kazuyori Ito; 13. Conceptualising global environmental constitutionalism in a regional context: perspectives from Asia and Europe Louis J. Kotzé; Part IV. Implementation and Enforcement: 14. The emerging principle of functional complementarity for coordination among national and international jurisdictions: intellectual hegemony and heterogeneous world Kaoru Obata; 15. Human rights NGOs and Global Constitutionalism from a Chinese academic perspective Guimei Bai; 16. Global constitutionalism and private governance: the discrete contribution of voluntary sustainability standards Axel Marx and Jan Wouters; 17. International courts and tribunals and the rule of law in Asia Geir Ulfstein; Conclusion: East Asia and Global Constitutionalism; 18. Global Constitutionalism for East Asia: its potential to promote constitutional principles Takao Suami.