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Download Constitutional Fragments: Societal Constitutionalism and by Gunther Teubner PDF

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By Gunther Teubner

Lately a sequence of scandals have challenged the normal political reliance on public constitutional legislation and human rights as a defend of human healthiness. Multinational companies have violated human rights; deepest intermediaries within the web have threatened freedom of opinion, and the worldwide capital markets unleashed catastrophic dangers. All of those phenomena demand a reaction from conventional constitutionalism. but it's outdoors the boundaries of the geographical region in transnational politics and outdoors institutionalized politics, within the 'private' sectors of worldwide society that those constitutional difficulties arise.

It is broadly accredited that there's a obstacle in conventional constitutionalism because of transnationalization and privatization. How the challenge will be conquer is likely one of the significant controversies of contemporary political and constitutional thought. This ebook units out a solution to that challenge. It argues that the obstinate state-and-politics-centricity of conventional constitutionalism has to be counteracted by means of a sociological procedure which, to date, has remained missed within the constitutional debate. Constitutional sociology initiatives the questions of constitutionalism not just onto the connection among public politics and legislation, yet onto the full society. It argues that constitutionalism has the aptitude to counteract the expansionist developments of social structures outdoor the country global, quite of the globalized economic system, technology and expertise, and the data media, once they endanger person or institutional autonomy.

The booklet identifies transnational regimes, really within the inner most quarter, because the new constitutional matters in an international society, opponents to the order and tool of country states. It provides a version of transnational, societal constitutional fragments which could carry the values of constitutionalism to endure on those deepest networks, reading the capability horizontal software of human rights within the deepest sphere, and the way such fragments may possibly engage. An unique and provocative contribution to the literature on sleek constitutionalism, Constitutional Fragments is crucial studying for all these engaged in transnational political thought.

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Additional info for Constitutional Fragments: Societal Constitutionalism and Globalization (Oxford Constitutional Theory)

Sample text

19 Up to 2000, those who belonged to this power-capital group numbered about 45 million. 20 Generally speaking, these power-capital groups had three ways of connecting power and capital. The first was to make money by abusing existing power. The so-called one family with two systems model serves as an example: while one family member had political power, another one was involved in business, thus effectively linking power and capital. 21 The second method was to seek power through monetary bribery, that is, businesspeople offering bribes in exchange for privileges while establishing their connections with government officials.

The power-capital economy may no longer be a part of the planned economy. Most government officials, state-owned-enterprise managers, the agents between power and capital, and overseas Chinese entrepreneurs do not heed government regulations when profit-making opportunities present themselves. During the process of economic reform, the “sheep” under the centrally planned economy have managed to escape from their “shed” and have become greedy “wolves” taking advantage of the emerging market economy.

6 For instance, if those officials who control the quota of rare materials in China desire to trade their power for money, their intention must correspond with the intentions of those who need the resources. Understanding the concepts of power, power holder, and power recipient is helpful in searching for the origin of the power-capital economy. The formation and development of the power-capital economy are highly Economy 27 relevant to the transition from a state economy to a free-market economy, which is often characterized by a lack of effective means to regulate the distribution and use of state-owned resources.

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