Research Handbook on Global Climate Constitutionalism
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Research Handbook on Global Climate Constitutionalism

Edited by Jordi Jaria-Manzano and Susana Borrás

Climate change is causing traditional political and legal concepts to be revisited. The emergence of a global polity through physical, economic and social interaction demands global responses which should be founded upon new principles and which cannot simply be modelled on traditional constitutionalism centred on the nation-state. This Research Handbook explores how to build this climate constitutionalism at a global level, starting from the narrative of Anthropocene and its implications for law. It provides a critical approach to global environmental constitutionalism, analysing the problems of sustainability and global equity which are entwined with the causes and consequences of climate change. The Handbook explores how to develop constitutional discourses and strategies to address these issues, and thereby tackle the negative effects of climate change whilst also advancing a more sustainable, equitable and responsible global society.
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Chapter 7: Global constitutionalism as an ambivalent script

José Manuel Pureza

Abstract

The concept of global constitutionalism can serve as either a strategy for the selective reinforcement of the legal pillars of neoliberalism or a strategy for the reinforcement of a comprehensive catalogue of rights and policies of inter- and intra-generational equity. As an empty concept per se, it demands a critical approach to identify the concrete political choices it informs in each concrete situation.

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