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LAS INCERTIDUMBRES DEL CONSTITUCIONALISMO GLOBAL.
- Source :
-
Teoria y Realidad Constitucional . 2020, Vol. 2020 Issue 46, p141-172. 32p. - Publication Year :
- 2020
-
Abstract
- In the juridical discourses the references to the global constitutionalism are multiplying themselves, in particular since the arrival of the Covid 19. This concept, in the middle of construction, appears as a solution as well as a problem, confronted to the development of the globalization and the interaction between the juridical actors. This study is prioritizing the second aspect. The playwright Jean Giraudoux used this formula: «the law is the most powerful of schools for the imagination. No poet ever interpreted nature as freely as a lawyer interprets the truth». Beyond the utopias, I’d rather underline three points: the perspective of a new type of oligarchy behind the global constitutionalism; the threats of a combination of the devaluation of the political power and the centrality of the individual; and eventually the discourse to the convergence of the human rights, which hides the presence of a cultural imperialism. To conclude, inside this reflexion about the global constitutionalism, how to consider the European constitutional law: as a role model to follow, or as a model to reject? [ABSTRACT FROM AUTHOR]
Details
- Language :
- Spanish
- ISSN :
- 11395583
- Volume :
- 2020
- Issue :
- 46
- Database :
- Academic Search Index
- Journal :
- Teoria y Realidad Constitucional
- Publication Type :
- Academic Journal
- Accession number :
- 147740707
- Full Text :
- https://doi.org/10.5944/trc.46.2020.29108