New Constitutionalism and World Order

This path-breaking collection analyses the dialectic between legal and constitutional innovations intended to inscribe corporate power and market disciplines in world order, and the potential for challenges and alternative frameworks of governance to emerge. It provides a comprehensive approach to neo-liberal constitutionalism and regulation and limits to policy autonomy of states, and how this disciplines populations according to the intensifying demands of corporations and market forces in global market civilization. Contributors examine global and local public policy challenges and consider if the ongoing crises of capitalism and world order offer states and societies opportunities to challenge this loss of policy autonomy and potentially to refashion world order. Integrating approaches to governance and world order from both leading and emerging scholars, this is an innovative, indispensable source for policy-makers, civil society organizations, professionals and students in law, politics, economics, sociology, philosophy and international relations. 'The concept of 'the new constitutionalism' informs a distinctive, critical approach to the study of contemporary global governance that emphasizes concrete attempts to institutionalize neo-liberalism. This volume provides a welcome introduction to the range and depth of the scholarship that adopts this approach.' Craig N. Murphy, M. Margaret Ball Professor of International Relations, Wellesley College and Research Professor of Global Governance, University of Massachusetts, Boston1. New constitutionalism and world order: general introduction Stephen Gill and A. Claire Cutler; Part I. Concepts: 2. Market civilization, new constitutionalism and world order Stephen Gill; 3. New constitutionalism and the commodity form of global capitalism A. Claire Cutler; 4. The rule of law as the grundnorm of the new constitutionalism Christopher May; Part II. Genealogy, Origins and World Order: 5. Toward a genealogy of the new constitutionalism: the empire of liberty and domination Tim Di Muzio; 6. The origins of the new constitutionalism: lessons from the 'old' constitutionalism Ran Hirschl; Part III. Multilevel Governance and Neo-liberalization: 7. When the global inhabits the national: fuzzy interactions Saskia Sassen; 8. New constitutionalism and variegated neo-liberalization Neil Brenner, Jamie Peck and Nik Theodore; 9. New constitutionalism and multilevel governance Adam Harmes; Part IV. Trade, Investment and Taxation: 10. How to govern differently: neo-liberalism, new constitutionalism and international investment law David Schneiderman; 11. Trade agreements, the new constitutionalism and public services Scott Sinclair; 12. New constitutionalism, international taxation and crisis Dries Lesage, Mattias Vermeiren and Sacha Dierckx; Part V. Social Reproduction, Welfare and Ecology: 13. Social reproduction, fiscal space and remaking the real constitution Isabella Bakker; 14. New constitutionalism, disciplinary neo-liberalism and the locking in of indebtedness in America Adrienne Roberts; 15. New constitutionalism, neo-liberalism and social policy Janine Brodie; 16. New constitutionalism and the environment: a quest for global law Hilal Elver; Part VI. Globalization from Below and Prospects for a Just New Constitutionalism: 17. Constitutionalism as critical project: the epistemological challenge to politics Gavin W. Anderson; 18. New constitutionalism and geopolitics: notes on legality and legitimacy and prospects for a just new constitutionalism Richard Falk.