Handbook on Global Constitutionalism
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Handbook on Global Constitutionalism

Edited by Anthony F. Lang and Antje Wiener

This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, drawing on diverse frameworks and empirical data sets. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. The Handbook will define this field of inquiry for the next generation by bringing together some of the leading contemporary scholars.
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Chapter 11: Critical theory

Gavin W. Anderson


Critics of constitutional globalisation have focused on the spreading judicialisation of politics, or the entrenchment of neoliberal modes of supranational governance. Such perspectives tend to prioritise globalisation from above; introducing Southern-based grassroots resistance – globalisation from below – delineates the shared epistemological underpinnings of Western liberal and critical constitutional theory, and opens debate on prevailing understandings of constitutionalism and critique. This recovers an understanding of constitutionalism as always comprised of constitutionalism from above and below. This highlights an emerging critical methodology which interrogates Modernist ontologies of the bounded self in shaping constitutional world-views, and posits instead a paradigm of relational constitutionalism.

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