Constitutionalism is confident in its assertion that it is good for everyone. While the Federalists, or Bagehot or Rousseau argue about its form, the funnelling of constituent and constituted powers through the separation of powers, democracy, rule of law and human rights, raises all boats. So too then for global constitutionalism. And yet, as de Gouges highlights in her Declaration of the Rights of Woman and the Citizen, it cannot be assumed that everyone includes women; it has to be demanded.
There is a confidence to the global constitutional narrative, which sees itself as taking the ‘best’ of constitutional and international governance and putting them together to create an idealised order. What is curious about the global variant is that it takes the ‘idealism’, but none of the critique that domestic constitutionalism has faced, and in some instances, inculcated.
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