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Global Governance and Its Effects on State and Law


Edited By Martin Belov

The sixth volume in the series of the Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook is focused on the effects of globalisation and global governance on state, law and society. It addresses the great structural and systemic changes in the fundamental constitutional and political concepts produced by the above mentioned phenomena. The main issues which are discussed in the book are the crisis of authority, the crisis of territoriality, the shifting constitutional geometry, the constitutional identity, the territorial irresponsibility of capital, the horizontalisation of human rights, the new constitutional and political roles of the transnational corporations and the global religions as well as the influence of the supranational jurisdictions on the supranational and national legal orders.
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Globalisation, Crisis of Territoriality, and their Effects on the Constitutional Principles



This paper explores the effects of the globalisation and the crisis of territoriality on the main constitutional principles. The constitution is supposed to be a traditionally territorial phenomenon. The information revolution, the global fluidisation and dispersion of the demos and the territorial irresponsibility of the global financial capital as phenomena related to the territoriality crisis affect directly the constitutional axiology. They produce not just functional but also structural changes in the value core of the constitution and in the constitutional infrastructure of the territorial state and public power. The paper tries to problematise the influence of the globalisation on the constitutional infrastructure of the power and to explore whether the territoriality is still solid element of the statehood. If not, we should start looking at new concepts, paradigms, and “supportive ideologies” in order to reaffirm the capability of the constitution to serve as reliable frame for democracy, rule of law, solidarity, welfare, and identity. Such conceptual change may be fostered by the global governance paradigm.

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