Andrea Pin

Is America Dancing Alone? Why the United States Resists Global Constitutionalism

  • Abstract

Informations and abstract

Keywords: Global Constitutionalism; American Constitutionalism; Originalism; Common Law; Jurisdiction.

This article explores the main components of the American constitutional culture that resist the contemporary globalizing trends. It singles out four features of this resistance: the role of the Constitution in shaping the country's identity; the common law tradition and the status of "stare decisis" that attaches to it; the legacy of political constitutionalism that still pervades its understanding of jurisdiction; and the reluctant adhesion to the law of nations more broadly. The article uses these features as proxies to investigate the nature of global constitutionalism.

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