Arguing Global Environmental Constitutionalism

Proportionality Balancing and Global Constitutionalism

Should Progressive Constitutionalism Embrace Popular Constitutionalism?

There are two conceptions of progressive constitutionalism explored in this Symposium. The first is of progressive constitutionalism as, first and foremost, a programmatic agenda, focused on how progressives’ “distinctive constitutional vision may best be transmuted into claims of constitutional law.”1 To the extent that this constitutional vision entails only a set of policy preferences (e.g.,...

Global constitutionalism, applied to global health governance: uncovering legitimacy deficits and suggesting remedies

BACKGROUND Global constitutionalism is a way of looking at the world, at global rules and how they are made, as if there was a global constitution, empowering global institutions to act as a global government, setting rules which bind all states and people. ANALYSIS This essay employs global constitutionalism to examine how and why global health governance, as currently structured, has strugg...

Political constitutionalism

For ‘legal constitutionalists’, written constitutions, constitutive of the legal and political system, superior to other legislation, entrenched against change, and enumerating justiciable rights, guarantee equal respect and concern for all citizens. Judicial review is thus an essential support of democracy. In this book, Richard Bellamy offers a robust argument against this view of constitutio...

Civilised arguing.

ink or electronic) should not argue as antagonists, or even as advocates, as this can sour the atmosphere and lead to mere adversarial point scoring. ‘In quarrelling the truth is always lost’1. It is better to argue more as judges do, aiming to be fair, slowly edging towards as much agreement as possible, rather than each fighting his or her own corner. Trust each other’s sincerity. There is no...