"National and Transnational Constitutionalism, and the Protection of Fu" by Paolo G. Carozza
 

Document Type

Book Chapter

Publication Date

2019

Publication Information

in Nation, State, Nation-State 83–105 (V. Hösle ed., 2019).
Available in Hesburgh Library

Abstract

The chapter is part of the Proceedings of the 2019 Plenary Session
Nation, State, Nation-State
1-3 May 2019
V. Hösle (editor)
Acta 22, Vatican City, 2019

From the Author

In this paper I would like to explore the complicated and ambiguous relationship between the idea of universal human rights and the idea of a nation state with its own particular identity, history, and culture. I will do so from the disciplinary perspective of law, in particular comparative constitutional law and international human rights law, by examining the basis of claims of what I will call “national constitutionalism”, focusing on the constitutional tradition of the United States, and comparing that perspective with what I will identify as a more “transnational constitutionalism”.

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