The thesis deals with the phenomenon of global constitutionalism from a mainly theoretical point of view. The concept of constitutionalism will be analyzed from a double perspective beyond the classic reference to statehood, to try to adapt it to the changes produced by globalization in the legal sphere. The first concerns constitutionalism as a fully global phenomenon, hence the possibility of common constitutional levels that can favor its global convergence. The second, on the other hand, provides for the mapping of the diffusion of constitutional elements at the transnational, international and global levels, in particular through a gradual constitutionalisation of law and international organizations. Thus global constitutionalism would be an "agenda" or a theoretical "perspective" through which it could be possible to apply constitutional principles in the international and global legal sphere.
Costituzionalismo globale: profili teorici e tendenze evolutive
CARAMASCHI, OMAR
2021-05-10
Abstract
The thesis deals with the phenomenon of global constitutionalism from a mainly theoretical point of view. The concept of constitutionalism will be analyzed from a double perspective beyond the classic reference to statehood, to try to adapt it to the changes produced by globalization in the legal sphere. The first concerns constitutionalism as a fully global phenomenon, hence the possibility of common constitutional levels that can favor its global convergence. The second, on the other hand, provides for the mapping of the diffusion of constitutional elements at the transnational, international and global levels, in particular through a gradual constitutionalisation of law and international organizations. Thus global constitutionalism would be an "agenda" or a theoretical "perspective" through which it could be possible to apply constitutional principles in the international and global legal sphere.File | Dimensione | Formato | |
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