A Sociology of Transnational Constitutions: Social Foundations of the Post-National Legal Structure

Publisher:

Cambridge University Press

Publication date:

26 July 2016

15 September 2016

ISBN:

9781139833905

9781107038523

9781108455992

DOI:

https://doi.org/10.1017/CBO9781139833905

Creative Commons:

This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0.
https://creativecommons.org/creativelicenses

Dimensions:

(228 x 152 mm)

Weight & Pages:

0.92kg, 538 Pages

Dimensions:

(229 x 152 mm)

Weight & Pages:

0.75kg, 538 Pages

Subjects:: Constitutional and Administrative Law, Socio-Legal Studies, Law, Political Sociology, Sociology
Series:: Cambridge Studies in Law and Society

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Subjects:: Constitutional and Administrative Law, Socio-Legal Studies, Law, Political Sociology, Sociology
Series:: Cambridge Studies in Law and Society

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This volume focuses on the rise of transnational constitutional laws, primarily created by the interaction between national and international courts, and by the domestic transformation of international law. Through detailed analysis of patterns of institutional formation at key historical junctures in a number of national societies, it examines the social processes that have locked national states into an increasingly transnational constitutional order, and it explains how the growth of global constitutional norms has provided a stabilizing framework for the functions of state institutions. The book adopts a distinctive historical-sociological approach to these questions, examining the deep continuities between national constitutional law and contemporary models of global law. The volume makes an important contribution to the sociology of constitutional law, to the sociology of post-national legal processes, and to the sociology of human rights law. This title is also available as Open Access.

'Using a historical-sociological approach, Thornhill examines the social processes that have locked national states into an increasingly transnational constitutional order. He finds that the growth of global constitutional norms has provided a stabilizing framework for the functions of state institutions.'

Source: Law and Social Inquiry

'A Sociology of Transnational Constitutions is the second instalment of a trilogy which makes up one of the most ambitious (in terms of scope and width) and challenging (in terms of innovative reconstruction) research programmes in contemporary constitutional theory. It is an impressive work which matches the level of depth and complexity of other important contemporary projects of constitutional theory like those, for example, of Gunther Teubner, Bruce Ackerman, and Martin Loughlin. … it will be impossible, in the future, to do constitutional theory without engaging with Thornhill's remarkable achievements.’

Marco Goldoni Source: Journal of Law and Society

'Mining from rich comparative research, Thornhill shows how national law has been checked by jurisprudence invoking international law.'

Hugues Rabault Source: Droit et Société

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A Sociology of Transnational Constitutions

Social Foundations of the Post-National Legal Structure

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Contents

A Sociology of Transnational Constitutions
pp i-i

Cambridge Studies in Law and Society - Series page
pp ii-ii

A Sociology of Transnational Constitutions - Title page
pp iii-iii

Copyright page
pp iv-iv

Dedication
pp v-vi

Contents
pp vii-vii

Acknowledgements
pp viii-ix

Citing this work
pp x-x

Introduction
pp 1-30

Chapter One - The national political system and the classical constitutional formula
pp 31-68

Chapter Two - Constitutional rights and the global political system
pp 69-101

Chapter Three - The constitution of international law: A sociological approach
pp 102-129

Chapter Four - The crisis of social inclusion and the paradox of the nation state
pp 130-162

Chapter Five - Constitutional rights and the inclusion of the nation: Systemic transformations I
pp 163-230

Chapter Six - Constitutional rights and the inclusion of the nation: Systemic transformations II
pp 231-365

Chapter Seven - The autonomy of the post-national legal structure: The auto-constituent constitution
pp 366-418

Conclusion
pp 419-429

Bibliography
pp 430-505

Index
pp 506-520

Cambridge Studies in Law and Society - Series page
pp 521-528

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A Sociology of Transnational Constitutions

Social Foundations of the Post-National Legal Structure

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