Constitution

In Ludger Kühnhardt & Tilman Mayer (eds.), The Bonn Handbook of Globality: Volume 2. Springer Verlag. pp. 987-1008 (2019)
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Abstract

Globalization as transboundary interconnection is a process of juridification, which has left many traces in national constitutional doctrine and culture. The constitutional jurisprudence of the German Federal Constitutional Court has always secured the permeability of the national legal order into the international sphere. Nonetheless, national constitutions remain the vital anchorage of liberty in the vortex of globalization. Globalization’s impact remains ambivalent: On the one hand, globalization tears down barriers and facilitates transboundary exercise of freedom, and fundamental rights standards amalgamate. On the other hand, globalization can also be a threat to fundamental rights. Deformalized globalization can hamper democratic self-determination. For example, courts of law assume a pivotal part of the responsibilities in international law-making, which formerly rested with the political organs of government und the legislative branch.

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