Center for Global Constitutionalism
News from the Center
New article by Jakob Zollmann in the "South African Historical Journal"
When partition of the country seemed a possibility to end apartheid in South Africa. Read Jakob Zollmann's latest article on the history of an idea among constitutional scholars, social scientists and journalists.
“Cold Warriors justifying imperial American policy” or “the admirable figure of the lawyer policy-maker”?
In his latest EJIL article, our research fellow Ríán Derrig challenges the dominant narratives about the intellectual history and origins of the New Haven School of International Law. He identifies links to psychoanalysis and philosophical pragmatism and suggests a new reading: the New Haven School as part of a “pragmatist tradition of examining the American sense of self.”
New "Jus Cogens" article by Kriszta Kovács
In her article our research fellow Kriszta Kovács argues that the ECtHR's model of democracy rests on two pillars: pluralism and parliamentarism, and suggests that the ECtHR should review referendums and presidential elections that substantially affect parliamentarism in a member state.
About our research
Constitutionalism has gone global. A commitment to the rule of law, democracy and human rights – the core commitments of the modern constitutional tradition that has its roots in the American and French Revolutions - has become the defining feature of a global legitimatory script that is applied not only in the context of newly established state constitutions, but also for assessment, interpretation and progressive development of law beyond the state.
The Center for Global Constitutionalism as a platform for problem-focused basic research is focused on addressing three kinds of resulting questions:
1. How are existing institutions, procedures and standards to be interpreted, progressively developed or reformed, in order to ensure that the rule of democratically legitimate and human rights respecting law, can successfully be developed beyond the state, even in the face of deep political disagreement across states?
2. If there are common standards, according to which all states must comply with norms relating to the rule of law, democracy and human rights, exactly how are these standards to be understood? Through what kind of mechanisms should the global spread and enforcement of these standards be supported?
3. The Center for Global Constitutionalism also examines different theoretical and historical questions, that concern the relationship between the rule of law, democracy and human rights itself. This includes questions concerning the history and theory of citizenship, European integration, the regulation of markets and the theory of human rights.