2009
DOI: 10.1017/s0003055409990244
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Claiming Rights across Borders: International Human Rights and Democratic Sovereignty

Abstract: For Jürgen Habermas on His Eightieth BirthdayT he status of international law and transnational legal agreements with respect to the sovereignty claims of liberal democracies has become a highly contentious theoretical and political issue. Although recent European discussions focus on global constitutionalism, there is increasing reticence on the part of many that prospects of a world constitution are neither desirable nor salutary. This article more closely considers criticisms of these legal transformations … Show more

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Cited by 173 publications
(50 citation statements)
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“…Civic contestation and mobilization further the vernacularization of international law (Benhabib 2009;Merry 2006). Universal provisions are made concrete in local contexts, contributing to their legitimacy and amplifying their effectiveness (Johnson and Zaynulla 2010).…”
Section: Resultsmentioning
confidence: 99%
“…Civic contestation and mobilization further the vernacularization of international law (Benhabib 2009;Merry 2006). Universal provisions are made concrete in local contexts, contributing to their legitimacy and amplifying their effectiveness (Johnson and Zaynulla 2010).…”
Section: Resultsmentioning
confidence: 99%
“…1 However, with some exceptions this literature mainly focuses on technical experts, lawyers, service organizations, or international specialized agencies who act as translators (Quack 2007;Halliday and Carruthers 2009). Following Merry (2006), Benhabib (2009), and Dobusch and Quack (2012), we suggest that social movements and social movement organizations also play a role as intermediaries and translators. We believe that "[T]he neglect of social movements as actors of social transformation and jurisgenerative politics in recent theorizing has led to a naïve faith in legal experts, international lawyers, and judges as agents of democratic change" (Benhabib 2009:692).…”
Section: Social Movements and Transnational Norm Implementationmentioning
confidence: 54%
“…Human rights norms must become elements in the public culture of democratic peoples through their own processes of interpretation, articulation, and iteration. 94 …”
Section: The Dutch Civic Participation Integration Programmentioning
confidence: 99%