The Contemporary Development of a Global Constitutionalism(مقاله علمی وزارت علوم)
حوزههای تخصصی:
In the current globalized scenario, in view of the existence of phenomena and dynamics that go beyond state territories, of the integration of States in supranational and globally considered political systems, it is possible to perceive the emergence of new forms of political-legal organization in the international community that raise constitutionals conceptions beyond the classical perspective of the State-centered Constitution Theory. Thus, in view of the manifestation of a quantitative and qualitative growth of international law based on the identification of constitutional elements, an issue that has been gaining importance in debates and in the internationalist agenda, the problem to be developed asks: how is the development of Global Constitutionalism composed? considering the common challenges of the globalized world that transcend state borders, the confusion between external and internal limits, as well as the transformations of law in the international order, it is necessary to analyze the present content due to the need to point out directions by where you can tread the reflection in relation to the development of Global Constitutionalism. In this sense, the present study intends to find theoretical trends that compose the identification of the development process of the Global Constitutionalism paradigm. To answer the exposed problem, some objectives need to be achieved. Initially, an overview of the perspective of classical constitutional theory will be carried out. Then, we move on to the observation of the manifestation of Constitutionalism beyond the State. Finally, trends and aspects of the development of Global Constitutionalism will be examined.
