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Delegation without borders: On individual rights, constitutions and the global order

Abstract : Political and economic rights are envisaged as the outcome of an ongoing bargain between citizens and their rulers. Over the long run, this constitutive process shapes the development of both the economy and the state. Globalization, however, corresponds to a period where both the market and civil society extend far beyond the borders of the initial political compact. Hence, citizens may not only ask that cross-border transactions be made easier; they may also challenge the institutional cohesion and integrity of the classical, Westphalian state, i.e., its legal and judicial order, and its bureaucratic capabilities. We are proposing a schematic description of how this political process may gradually exit the national perimeter and deliver four possible models of international or global governance, depending upon the potential structuring of coalitions between the potential winners of the globalization both in the elite and in society, and the losers; national games being ultimately arbitrated by the international competition among elites, but also by the possible formation of global coalitions of citizens and merchants.
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Eric Brousseau, Jérôme Sgard, yves Schemeil. Delegation without borders: On individual rights, constitutions and the global order. Global Constitutionalism, 2012, 1 (3), pp.455 - 484. ⟨hal-03399546⟩



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