The internationalization of Law through human rights: Initial thoughts for the future of constitutionalism
DOI:
https://doi.org/10.4013/rechtd.2012.42.07Abstract
The present article aims to present initial thoughts about the implications of globalization to the constitutionalism, questioning about the State and Constitution direction in this “post-national” scenario. It disserts about the way how does human rights and the efforts to universalize it plays a central role in the contemporary legal transformations, obtaining preferential treatment by constitutional law, but also multiplying its complexity, while challenging modern assumptions of the juridical phenomenon. In a dialectical approach, the final considerations points how does the internationalization of constitutionalism through human rights indicates, among challenges and risks, a theoretical and operational tool to instrument conditions to convert law as a vector of social transformation.
Key words: constitutionalism, human rights, internationalization of law.
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