Description
Analyzes the dialectic between legal and constitutional innovations which enhance the power of capital, and the alternatives to create a more just world order.
A pioneering collection analyzing global neoliberal constitutional innovations intended to extend the power of capital and reduce the policy autonomy of states, and the emerging potential to create a more just and sustainable world order. Indispensable for policymakers, activists and scholars.
A pioneering collection analyzing global neoliberal constitutional innovations intended to extend the power of capital and reduce the policy autonomy of states, and the emerging potential to create a more just and sustainable world order. Indispensable for policymakers, activists and scholars.
This path-breaking collection analyses the dialectic between legal and constitutional innovations intended to inscribe corporate power and market disciplines in world order, and the potential for challenges and alternative frameworks of governance to emerge. 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. Contributors examine global and local public policy challenges and consider if the ongoing crises of capitalism and world order offer states and societies opportunities to challenge this loss of policy autonomy and potentially to refashion world order. Integrating approaches to governance and world order from both leading and emerging scholars, this is an innovative, indispensable source for policy-makers, civil society organizations, professionals and students in law, politics, economics, sociology, philosophy and international relations.
1. New constitutionalism and world order: general introduction Stephen Gill and A. Claire Cutler; Part I. Concepts: 2. Market civilization, new constitutionalism and world order Stephen Gill; 3. New constitutionalism and the commodity form of global capitalism A. Claire Cutler; 4. The rule of law as the grundnorm of the new constitutionalism Christopher May; Part II. Genealogy, Origins and World Order: 5. Toward a genealogy of the new constitutionalism: the empire of liberty and domination Tim Di Muzio; 6. The origins of the new constitutionalism: lessons from the 'old' constitutionalism Ran Hirschl; Part III. Multilevel Governance and Neo-liberalization: 7. When the global inhabits the national: fuzzy interactions Saskia Sassen; 8. New constitutionalism and variegated neo-liberalization Neil Brenner, Jamie Peck and Nik Theodore; 9. New constitutionalism and multilevel governance Adam Harmes; Part IV. Trade, Investment and Taxation: 10. How to govern differently: neo-liberalism, new constitutionalism and international investment law David Schneiderman; 11. Trade agreements, the new constitutionalism and public services Scott Sinclair; 12. New constitutionalism, international taxation and crisis Dries Lesage, Mattias Vermeiren and Sacha Dierckx; Part V. Social Reproduction, Welfare and Ecology: 13. Social reproduction, fiscal space and remaking the real constitution Isabella Bakker; 14. New constitutionalism, disciplinary neo-liberalism and the locking in of indebtedness in America Adrienne Roberts; 15. New constitutionalism, neo-liberalism and social policy Janine Brodie; 16. New constitutionalism and the environment: a quest for global law Hilal Elve
Chapter
2 Market civilization, new constitutionalism and world order
The constitution of market civilization: the old and the new
New constitutionalism and the rule of law
Three dimensions of new constitutionalism
Measures to reconfigure state apparatuses
Measures to construct and extend capitalist markets
Measures for dealing with dislocations and contradictions
Conclusion: from transformative resistance to the post-modern Prince
3 New constitutionalism and the commodity form of global capitalism
Commodity fetishism and the commodity form of law
The commodification of nature
Contesting new constitutionalism
4 The rule of law as the Grundnorm of the new constitutionalism
The Grundnorm: from legal to political analysis
New constitutionalism, market civilization and disciplinary neo-liberalism
(Re-)producing the norm: maintaining the rule of law
New constitutionalism and the rule of law
Part II Genealogy, origins and world order
5 Toward a genealogy of the new constitutionalism: the empire of liberty and domination
The new constitutionalism
Colonial elites and the American Revolutionary War
The constitution of liberty and domination
6 The origins of the new constitutionalism: lessons from the ‘old’ constitutionalism
The insurance logic of constitutionalization and judicial empowerment
Back to the new constitutionalism
Part III Multilevel governance and neo-liberalization
7 When the global inhabits the national
The global capital market: power and norm-making
The partial disembedding of specialized state operations and non-state actors
The state: one site for non-state actors
8 New constitutionalism and variegated neo-liberalization
The global and the national in the new constitutionalism
Geographies of neo-liberalization
Modalities of neo-liberalization
Pathways of neo-liberalization
Toward a moving map of neo-liberalization
Systems of inter-jurisdictional policy transfer
Transnational rule-regimes
Restless landscapes of neo-liberalization
Scenarios of counter-neo-liberalization: toward a progressive new constitutionalism?
9 New constitutionalism and multilevel governance
New constitutionalism and the neo-liberal separation of the economic and the political
Neo-liberalism and ‘market-preserving federalism’
Market-preserving regionalism and globalism
Social forces and multilevel governance
Conclusion: prospects for progressive multilevel governance
Part IV Trade, investment and taxation
10 How to govern differently: neo-liberalism, new constitutionalism and international investment law
Neo-liberalism under construction
International investment law under construction
Rolling back the new constitutionalism
11 Trade agreements, the new constitutionalism and public services
Impacts on public services
Confining public services within existing boundaries
Increasing the bargaining power of global corporations
Applying pro-competitive regulation to previously socialized services
Locking in future privatization
Shifting the balance against public services
Dynamism of the agreements
Trade negotiations between the EU and Canada
12 New constitutionalism, international taxation and crisis
Introduction: new constitutionalism and taxation
The political economy of global taxation after the crisis
The crisis in/of neo-liberalism and taxation
Taxing the financial sector
Taxing the capital of wealthy citizens
Part V Social reproduction, welfare and ecology
13 Social reproduction, fiscal space and remaking the real constitution
New constitutionalism, social reproduction and fiscal squeeze
Expropriating the commons and extended commodification
Enlarging spaces of resistance
Remaking the real constitution
14 New constitutionalism, disciplinary neo-liberalism and the locking in of indebtedness in America
Debt and the reprivatization of social reproduction
The new constitutionalism and bankruptcy protection
The state, the law and the coercive relations of debt
15 New constitutionalism, neo-liberalism and social policy
Globalization and social policy
An unsettled policy field
New ‘constitutions’ of the social
Epilogue: social policy and the Great Recession
16 New constitutionalism and the environment: a quest for global law
Evolution of environmental law and constitutionalism
Globalization, environment and inequality
Environmentalism versus corporate governance?
Voluntary codes of conduct
Public–private partnerships
A new global challenge: climate change
Responses to the environmental challenge
Part VI Globalization from below and prospects for a just new constitutionalism
17 Constitutionalism as critical project: the epistemological challenge to politics
Political economy and constitutionalism
How new is new constitutionalism?
Struggles over hegemony: imagining post-imperial new constitutional forms
18 New constitutionalism and geopolitics: notes on legality and legitimacy and prospects for a just new constitutionalism
Distinguishing legality and legitimacy
International law and the ‘old’ constitutionalism
Managing nuclear weaponry and new constitutionalism
International criminal accountability
The post-9/11 counterterrorist challenge
Imperial new constitutionalism
Neo-liberal globalization and the new constitutionalism
Present and future prospects
New Constitutionalism and World Order
Disclaimer: Any content in publications that violate the sovereignty, the constitution or regulations of the PRC is not accepted or approved by CNPIEC.
