Comparative Law and Global Governance

Cristina Fasone and Irene Spigno

Chapter 9 in Research Handbook on Global Governance, 2025, pp 171-205 from Edward Elgar Publishing

Abstract: New trends in global governance and comparative law highlight two perspectives: human rights and institutional developments. The human rights paradigm, rooted in Western liberal values, often excludes alternative traditions, leaving states primarily responsible for protection. Comparative law identifies regional trends and challenges in global human rights protections. Institutionally, global governance reflects Western constitutional principles like the separation of powers and the rule of law. Historically focused on the West, this approach has ignored the Global South. Rising inequalities and populism now challenge constitutional democracy, prompting debates on alternative models and the interplay between national and international law.

Keywords: Comparative law; Human rights; Western constitutional tradition; Liberal constitutionalism; Separation of powers; The rule of law; Checks and balances; National law; International law (search for similar items in EconPapers)
Date: 2025
ISBN: 9781789906325
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