Nature as “Grundnorm” of Global Constitutionalism: Contributions from the Global South

Abstract

Unrelenting consumption and excessive exploitation of natural resources and their interconnection with the intensification of global inequalities seem to be leading contemporary civilization to an imminent collapse. How does constitutionalism address these ecology related issues? The purpose of this paper is two-fold: Firstly, it aims at uncovering the semantics of "constitution and nature" within constitutional law. The authors argue that mainstream dialogue-based approach (trans-national judicial dialogue) to global constitutionalism is actually based on a eurocentric and anthropocentric logos that excludes nature and reduces her to a simple object. Secondly, it discusses two original alternative proposals emerged from the global South: the constitutionalism for biodiversity of the Andean Latin American countries and the African Union's project to establish an International Constitutional Court. While the Andean constitutions prioritize the discussion on the "ecological deficit" and place nature as their "Grundnorm", the African proposal suggests the creation of a universal judicial mechanism for the protection of the "right to democracy". Given the centrality of nature within the innovative Andean constitutional design and the universalistic potential of democratic forms of public deliberation, these two propositions advance a novel approach to constitutionalism with a truly global scope, capable of both facing up impending ecological threats as well as pursuing dignity, justice and equality at global level.

Towards a Global Digital Constitutionalism: A Radical New Agenda for UN75

“…In 2013, the African Union proposed the creation of an International Constitutional Court for the protection of ‘the right to democracy’ (Carducci and Amaya 2016 ). Centring people’s power for a decentralized world order, this proposal is noteworthy for its departure from state-centric rule-making, advancing ‘both the justiciability and accountability of governments and national justice systems and the protection of democratic practices of deliberative participation and social inclusion’ (Carducci and Amaya 2016 ). The right to democracy as the basis of the digital paradigm shifts the debate from narrow, state-centric territorial sovereignty to a broader, people’s sovereignty.…”