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Strengthening multilevel governance of public goods through democratic and republican constitutionalism
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Cambridge international law journal, 2022, Vol. 11, No. 2, pp. 180-201
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PETERSMANN, Ernst-Ulrich, Strengthening multilevel governance of public goods through democratic and republican constitutionalism, Cambridge international law journal, 2022, Vol. 11, No. 2, pp. 180-201 - https://hdl.handle.net/1814/75251
Abstract
Russia’s invasions of Ukraine confirm the historical experience that governance of public goods (PGs) demanded by citizens (such as human rights, democratic peace, and the sustainable development goals (SDGs) as universally confirmed by the United Nations General Assembly) depends on defending principles of democratic constitutionalism (such as citizenship, democratic governance, ‘mixed government’, and courts of justice), republican constitutionalism (such as separation of power, the rule of law, and jus gentium since ancient Rome), and common law constitutionalism (such as parliamentary and judicial protection of fundamental rights and property rights) against abuses of power. The United Nations (UN) and its 2030 Sustainable Development Agenda recommend these constitutional principles also for multilevel governance protecting the SDGs and related PGs. Yet constitutionalism depends on multilevel legislative, administrative and judicial implementing measures transforming the SDGs into concrete duties of governments and corresponding rights and remedies of citizens. The global health, environmental, energy, security, economic and human rights crises reveal the systemic ‘market failures’, ‘governance failures’, and ‘constitutional implementation deficits’ undermining UN and World Trade Organization governance of PGs. Liberal order can only survive as 'militant constitutional democracy’ if citizens defend freedom against tyranny at home and abroad, notably in authoritarian States which, notwithstanding their formal constitutions, suppress democratic constitutionalism.
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Published online: December 2022