New constitutionalism

  • Book description
    It provides a comprehensive approach to neo-liberal constitutionalism and regulation and limits to policy autonomy of states, and how this disciplines populations according to the intensifying demands of corporations and market forces in global market civilization.
New constitutionalism provides power to the private realm and limits power of state governance and public corporations. The transferring of power creates an informal self-regulatory setting allowing for the dismissal of public scrutiny and transparency.
The goal of new constitutionalism is to separate the democratic and economic practices by shifting economic aims from the regional and national level to the global level through constitutional framework. The purpose of this shift is to create global supremacy and promote a free capitalist system.
The goal of new constitutionalism is to separate the democratic and economic practices by shifting economic aims from the regional and national level to the global level through constitutional framework. The purpose of this shift is to create global supremacy and promote a free capitalist system.

How a new constitutionalism framework will advance global governance?

At the global and regional level institutions are implementing the new constitutionalism framework to advance global governance byupholding the rights of private corporations and promoting a free capitalist society

These institutions policies will ensure economic growth at the global level

What is New constitutionalism?

Stephen Gill has coined the term “new constitutionalism” to account for the institutionalization of neoliberal policies such as the promotion of free trade, monetary restraint, budgetary austerity, privatization, and flexibilization of labour markets

84 “New constitution- alism,” in his words, “is an international governance framework

What is the doctrine of constitutionalism?

The essence of the doctrine of constitutionalism, according to Boulle, Harris and Hoexter (1989:20–55), is thatstate power should be defined and limited by law in order to protect the interests of society

The doctrine upholds the notion of limited government, as opposed to arbitrary rule


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Constitutional reasoning
Horizontal effect of constitutional rights
What is not a constitutional principle
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