How Global Constitutionalism Is Related to Domestic Constitutional Conflicts?
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2015
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In conclusion, it important to note that the idea of global constitutionalism is highly
effective in changing scholarly attitudes about global governance and human rights, while as an approach it may nevertheless give rise to certain criticism. Some researchers claim that the concept of global constitutionalism is unclear and essentially contested,32 or that global constitutionalism doesn’t live up to its promises.33 Several authors are interested in whether GlobCon is a reality or an utopia? It is important to stress that one of the possible reasons for this ‘attitude’ may be the fact that the process of the formation of global constitutionalism is far from completed
due to its pluridirectional and misnomer character. Understanding the ‘utopical’ flavor of global constitutionalism, I’m convinced that GlobCon is a very definite and encouraging approach of promoting democracy and the rule of law on domestic level. To my mind, those international scholars, who would not support the ideas of global constitutionalism, should use the word ‘newtopia’ for better understanding transformations, that are and will be prompted by the process of global constitutionalism.
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Lvova Ye. O. How Global Constitutionalism Is Related to Domestic Constitutional Conflicts? // Hungarian Yearbook of International Law and European Law. 2015. Issue 1. Рр. 383 - 395.