Decolonising global constitutionalism

Havercroft, Jonathan; Eisler, Jacob; Shaw, Jo; Wiener, Antje; Napoleón, Val

doi:10.1017/s2045381720000039

Cited by 9 publications

(4 citation statements)

References 2 publications

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“…Mattias Kumm (2018) already constructs an affirmative genealogy of global constitutionalism to bring out the way internal contestations, in accordance with the liberal democratic tradition, have often been a source of progressive development and reform, with the caveat that they may also be appropriated by national elites to perpetuate their domination. The decolonization agenda for global constitutionalism has also been proposed (Havercroft et al 2020), although it is not yet fully developed. Passionate humility takes a different route to decentring global constitutionalism: it allows the perspective of a marginally situated actor who struggles with and reappropriates dominant vocabularies for counter-intuitively counter-hegemonic purposes to be heard.…”

Section: Inter-imperial Epistemic Complementaritiesmentioning

confidence: 99%

Passionate humility for global constitutionalism in the aftermath of the Russo-Ukrainian war

Kurowska

2023

Glob. Con.

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This essay proposes the epistemic ethos of passionate humility for knowledge production about global constitutionalism in the aftermath of Russia’s full-scale invasion of Ukraine. By employing the conceptual strategy of elucidation, passionate humility can reveal a counter-intuitively counter-hegemonic use of the global constitutionalist triad of human rights, democracy and the rule of law in the Ukrainian resistance against Russia’s war. As an approach to knowledge production, passionate humility addresses epistemic ignorance by retrieving situated non-imperial knowledges while also confronting the ambivalent politics of such knowledges. It therefore hints at how we can both decentre and make use of resources associated with global constitutionalism, without valorizing western elitist discourses, reinscribing the inter-imperial mode of knowledge production or sanitizing vernacular knowledges. Passionate humility does so in three moves: it problematizes hegemonic epistemic frames (either west-centred or Russia-centred); it foregrounds complex social agency, which resists a fixed theoretical or ideological language; and it reveals the contextual deployment of the Occidentalist language of global constitutionalism in the Ukrainian public discourse as a practice of negotiated subjecthood. Such practice can be counter-hegemonic without being inherently progressive.

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Section: Inter-imperial Epistemic Complementaritiesmentioning

confidence: 99%

Passionate humility for global constitutionalism in the aftermath of the Russo-Ukrainian war

Kurowska

2023

Glob. Con.

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“…83 See e.g. Havercroft et al (2020). 84 On the transition to democracy in Europe and the corresponding reduction of royal power, see Congleton (2010).…”

Section: Monarchies As Legal Métissagementioning

confidence: 99%

Monarchical Constitutional Guardianship and Legal Métissage in Asia

Visser

Harding

2022

AsianJLS

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This article presents a roadmap for examining the phenomenon of monarchy in Asia, which we conceive as a pluralist institution in a twofold manner. First, many monarchies discharge a wide range of roles and responsibilities ranging from the symbolic to the religious to the legal-political. These varied functions can be usefully captured under the notion of constitutional guardianship, and call for intersectional analysis. Second, it is common for monarchies to have metamorphosed from being purely endogenous institutions to becoming ones embedded in a scheme of limited, constitutional government under the influence of ideas from elsewhere. Monarchies should accordingly be viewed as a form of legal métissage, viz. a braiding of local and extraneous ideas, practices, and rules. In this sense, a law-and-society approach is more likely to reveal the nature of monarchies than a strictly legal-doctrinal approach, although some of the latter is needed to fully appreciate the former’s significance.

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“…We argue that this key type of contestation provides an explanation for why a norm can be simultaneously in crisis and not in crisis. We identify and discuss four manifestations of hidden 1 These critics engender discussions of global inequalities and a liberal bias in norms research that juxtaposes presumably 'good' Western and 'bad' non-Western norms, yet it also raises the question of the extent to which depicting certain norms as liberal exacerbates global inequalities by inadvertently reinforcing a dichotomy between Western and non-Western norms instead of searching for overlaps and commonalities, complexity, internal contradiction and ambiguity (Bob 2019;Havercroft et al 2020;Mende 2021). For this reason, and because of their international validity, we speak about global rather than liberal norms, without neglecting their potential bias.…”

Section: Introductionmentioning

confidence: 99%

The hidden contestation of norms: Decent work in the International Labour Organization and the United Nations

Drubel

Mende

2023

Glob. Con.

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The question of whether global norms are experiencing a crisis allows for two concurrent answers. From a facticity perspective, certain global norms are in crisis, given their worldwide lack of implementation and effectiveness. From a validity perspective, however, a crisis is not obvious, as these norms are not openly contested discursively and institutionally. In order to explain the double diagnosis (crisis/no crisis), this article draws on international relations research on norm contestation and norm robustness. It proposes the concept of hidden discursive contestation and distinguishes it from three other key types of norm contestation: open discursive, open non-discursive and hidden non-discursive contestation. We identify four manifestations of hidden discursive contestation in: (1) the deflection of responsibility; (2) forestalling norm strengthening; (3) displaying norms as functional means to an end; and (4) downgrading or upgrading single norm elements. Our empirical focus is on the decent work norm, which demonstrates the double diagnosis. While it lacks facticity, it enjoys far-reaching verbal acceptance and high validity. Our qualitative analysis of discursive hidden contestation draws on two case studies: the International Labour Organization’s compliance procedures, which monitor international labour standards, and the United Nations Treaty Process on a binding instrument for business and human rights. Although both fora have different context and policy cycles, they exhibit similar strategies of hidden discursive contestation.

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Decolonising global constitutionalism

Cited by 9 publications

References 2 publications

Passionate humility for global constitutionalism in the aftermath of the Russo-Ukrainian war

Passionate humility for global constitutionalism in the aftermath of the Russo-Ukrainian war

Monarchical Constitutional Guardianship and Legal Métissage in Asia

The hidden contestation of norms: Decent work in the International Labour Organization and the United Nations

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