Introduction to the material study of global constitutional law

Goldoni, M. (2019) Introduction to the material study of global constitutional law. Global Constitutionalism, 8(1), pp. 71-93. (doi: 10.1017/S2045381718000242)

Abstract

The article addresses the question of how to study global constitutional law by suggesting a material methodology. Drawing from previous studies of the notion of the material constitution, both from materialist and institutionalist types (Marx, Mortati, Poulantzas), the article proposes to look at the development of global constitutional law, in its many instantiations, in terms of its relation with the state. Accounts of the autonomy of global constitutional law are requalified in terms of relative autonomy. More specifically, global constitutional law is conceived as a legal construction functional to the transformation of the contemporary state. From the perspective of the material study of constitutional law, the state is still deemed to be the main unit of analysis, but, at the same time, state-centred accounts based on an exceptionalist understanding of sovereignty are rejected as reductive and, at times, inaccurate.

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Goldoni, Professor Marco
• Authors: Goldoni, M.
• College/School: College of Social Sciences > School of Law
• Journal Name: Global Constitutionalism
• Publisher: Cambridge University Press
• ISSN: 2045-3817
• ISSN (Online): 2045-3825
• Published Online: 07 March 2019
• Copyright Holders: Copyright © 2019 Cambridge University Press
• First Published: First published in Global Constitutionalism 8(1):71-93
• Publisher Policy: Reproduced in accordance with the publisher copyright policy