Computer File

Constitutionalism and Transnational Governance Failures

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This Introduction summarizes the contents and explains the methodology of
the book and of its main policy conclusions on how constitutional democracies
should respond to the increasing governance failures inside and beyond
states. All UN member states have employed constitutional law for providing
national public goods (pg s) such as protection of the environment; they also
participate in multilateral treaties of a higher legal rank and multilevel governance
institutions for protecting transnational pg s such as UN rules and
institutions for the protection of the environment and human rights. However,
international treaty commitments are often not effectively implemented
inside UN member states, for instance if UN member states prioritize national
communitarian values over internationally binding agreements (e.g. in Anglo-
Saxon democracies with parliamentary supremacy); or if they continue being
governed by authoritarian governments insisting on the UN Charter principle
of ‘sovereign equality of states’ even if multilateral treaties and human and
democratic rights are not effectively protected by governments. The 2030 UN
Sustainable Development Agenda (sda) emphasizes the need for international
cooperation in protecting 17 universally agreed sustainable development goals
(sdg s) based on respect for human rights, democratic governance and ruleof-
law. Yet, these ‘constitutional principles’ and sdg s are not effectively protected
inside and among many UN member states, especially if their domestic
legal systems fail to subject foreign policy powers to effective constitutional
restraints.

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Availability

Detail Information

Series Title

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Call Number

325 ERN c

Publisher

Leiden : Koninklijke Brill nv., 2024

Collation

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Language

English

ISBN/ISSN

978-90-04-69372-2

Classification

300

Content Type

text

Media Type

computer

Carrier Type

-

Edition

Cet.1

Subject(s)

governance
Constitutional

Specific Detail Info

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Statement of Responsibility

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