Constitucionalismo cosmopolita = Cosmopolitan constitutionalism

Resumen: El presente artículo tiene por objetivo caracterizar al constitucionalismo cosmopolita como un discurso específico dentro del lenguaje constitucionalista en la esfera internacional y, a la vez, destacar sus principales rasgos como proyecto normativo transformador. Para ello se realiza una reconstrucción de sus fundamentos y se desarrollan sus elementos definitorios.Palabras clave: Constitucionalismo cosmopolita, filosofía del Derecho Internacional, constitucionalismo internacional.Abstract: The article has an objective to characterize cosmopolitan constitutionalism as a specific discourse in the international scenario within constitutional approaches and, at the same time, to highlight its principal features as a transformative and normative project. It is made through a reconstruction of its foundations and by typifying its defining elements. Keywords: Cosmopolitan constitutionalism; international legal philosophy; international constitutionalism.

Modern Constitutional Law: Russian and Foreign Studies

The collection contains articles, reviews and abstracts that reveal trends in the development of constitutional law and international constitutionalism, constitutional problems of the social state, the constitutional identity and territorial configuration of power in Russia, the values and shortcomings of the Constitution of the Russian Federation in 1993, and the features of constitutional reforms in foreign countries. The issues of the formation the human rights of the new generation and the impact of digital technologies and artificial intelligence on the development of democracy are shown. For researchers, teachers, postgraduates and students.

The Nomadic Sense of Law in an International Constitutionalism

This article examines the place of Nomadic peoples in an international constitutionalism. The article claims that an important element of a Nomadic culture is its sense of law. Such a sense of law differs from a constitutionalism which has privileged fundamental principles aimed to constrain acts of the executive arm of the State. Such a constitutionalism is shared by many contemporary domestic legal orders. Public international law also takes such a constitutionalism for granted. In the focus upon rules to constrain the executive arm of the State, the sense of law in Nomadic communities has slipped through arguments which the jurist might consider inclusive of the protection of such communities. This problem is nested in a legacy which has weighted down the history of European legal thought. The article initially identifies three forms of nomadism. The social phenomenon of nomadism has been the object of juristic commentary since the Greeks and Romans. The image of Nomadic peoples in such a legacy has imagined Nomadic peoples as lawless although the article argues that a sense of law has existed in such communities. Such a sense of law contradicts a State-centric international legal order. Public international law has reserved a special legal space relating to Nomadic peoples. The article identifies four arguments which might be rendered to protect Nomadic peoples in such a State-centric international community. Problems are raised with each such argument

Normatividad Internacional en Colisión con la Norma Fundamental del Derecho Internacional

It is undeniable that current international relations are exhibiting regressive trends that target International Law Rule of Law. These trends have limited the space for the construction of a coherent discourse coming from the constitutional school of International Law; however, this scenario is not only the result of speculative behavior of certain states. It lies—as well—in the lack of an articulate theory offered by international constitutionalism directed to explain the consequences of asserting the existence of a fundamental norm in the international realm. If the constitutional movement maintains that International Law has a constitution, then: Why is there no attempt to label current world events, not only as illegal but as breaches of its constitution? Why are legal norms being formed in the context of those breaches not labeled as constitutionally flawed? This chapter will attempt to analyze this in order to strengthen the constitutionalization argument in our discipline.

The Past is Never Dead

Human rights are the product of a specific history and of a specific context. Over the course of their developments religious groups have had different attitudes towards them. For instance several Christian Protestant denominations have strongly criticized and opposed the developments of human rights giving birth to a distinct strand of Christian anti-internationalism. This chapter, after dealing with the anthropological understanding of human rights in the contemporary era, will challenge this notion with the understanding of Christian anti-internationalism, beginning with historically situating the anthropological understanding of human rights in the controversy surrounding the establishment of the League of Nations. Based on two case studies it will also show how those debates are relevant today within the context of the development of human rights worldwide. At the core of the controversy stands the competition between legal pluralism and international constitutionalism.

On the Relationship between International Law and International Constitutionalism

In some circles the idea of international constitutionalism, or international constitutional law, appears to provoke a considerable and perhaps unexpected degree of resistance, and indeed animosity. My goal on this occasion is to try to figure out why this attitude of scorn might exist, and in the process also to say something about the relationship between international law and international constitutionalism.

The Constitutionalization of International Law and the Challenge of Non-State Actors

The article examines how international constitutionalism has come to grips with the phenomenon of informal law-making by non-State actors. The article identifies two opposing trends within the constitutionalist camp in relation to the question of actor informality. The first strand argues that all normative utterances should be presumed to give rise to law, irrespective of authorship (‘presumptive law thesis’). The presumptive law thesis is discussed and rejected on the ground that it rests on a model of participation in decision-making that dramatically departs from the existing one. The article continues by exploring the second strand of constitutionalism, which advocates in favour of retaining the distinction between direct and indirect participation in international decision-making (’the formal/informal participation model’). It is argued that, while this strand of constitutionalism is convincing at the descriptive level, it does not really add much to our existing knowledge. The last part of the article addresses the meta-question of the added value of analysing the phenomenon of actor informality through the lens of constitutionalism. It is argued that, despite its shortcomings, the constitutionalist project bravely attempts to frame the inherently political debate on global governance in legal terms, thereby attesting to the continuing relevance of international law as a regulatory mechanism in modern international relations.