TY - JOUR
T1 - Rights and Constituent Power in the Global Constitution
AU - Thornhill, Christopher
N1 - My thanks are due to European Research Council for funding some of the research for this article (Advanced Grant: 323656-STC).
PY - 2014/9
Y1 - 2014/9
N2 - Using an approach derived from sociological functionalism, this paper proposes a distinctive reconstruction both of the history of constitutionalism and of the changing form of constitutional law in global society. It argues that constitutional norms form adaptive principles for stabilising the inclusionary legal and political functions of society. Classical patterns of legal/political inclusion tended to rely on democratic forms of will formation (constituent power). Contemporary patterns of legal/political inclusion rely, in contrast, on rights. The shift in emphasis from constituent power to rights forms the constitutional foundation for the emerging global political system.
AB - Using an approach derived from sociological functionalism, this paper proposes a distinctive reconstruction both of the history of constitutionalism and of the changing form of constitutional law in global society. It argues that constitutional norms form adaptive principles for stabilising the inclusionary legal and political functions of society. Classical patterns of legal/political inclusion tended to rely on democratic forms of will formation (constituent power). Contemporary patterns of legal/political inclusion rely, in contrast, on rights. The shift in emphasis from constituent power to rights forms the constitutional foundation for the emerging global political system.
U2 - 10.1017/S1744552314000160
DO - 10.1017/S1744552314000160
M3 - Article
SN - 1744-5531
VL - 10
SP - 357
EP - 396
JO - International Journal of Law in Context
JF - International Journal of Law in Context
IS - 3
ER -