Pdf there is basic disagreement about how european union law fits into the world of public law. Constitutionalism, international law, and global governance 258 jeffrey l. Global constitutional law further reading 1 defining. An integrated conception of public law 20 202 indiana journal of global legal studies 605. Global constitutionalism, transnational human rights law.
Mapping an emerging field abstract this paper summarises the framework of a research project which focuses on mapping global constitutionalism as an emerging interdisciplinary research field and shaping global constitutionalism following. Mattias kumms cosmopolitan constitutionalism, for example, presents itself as pluralist as it does not seek to construct firm hierarchies between different levels of law. Constitutionalism, international law and global governance cup, cambridge, 2009. Indiana journal of global legal studies vol 20 iss 2. But unlike mattias kumm, he does not assert that it is ushering in. See mattias kumm, the legitimacy of international law. Cambridge university press governance edited by jeffrey l. The volumes third, concluding section explores crosscutting issues. Print subscription orders should be directed to the journal. What is at stake in the global constitutionalism debate. International constitutional law international law. Page 4 of 8 similar conclusion about the authority of international law.
Dunoff 8 constitutional economics of the world trade organization 206 joel p. Constitutionalism and the cosmopolitan state mattias kumm this selfstanding piece effectively serves as a rough first draft of the core theoretical chapter for a book i am writing tentatively entitled constitutionalism and the cosmopolitan state. An integrated conception of public law mattias kumm abstract if the point of constitutionalism is to define the legal framework within which collective selfgovernment can legitimately take place, constitutionalism has to take a cosmopolitan turn. International constitutional law international law oxford. On the relationship between constitutionalism in and beyond the state mattias kumm 233 258. Constitutionalism, international law, and global governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the united nations.
Kumm, mattias, constitutionalism and the cosmopolitan state october 10, 20. Constitutionalism and the cosmopolitan state mattias kumm abstract if the point of constitutionalism is to define the legal framework within which collective selfgovernment can legitimately take place, constitutionalism has to take a cosmopolitan turn. Introduction there is a tension inherent to the idea of constitutional selfgovernment, as it. The editors take the lead, followed by david kennedys skeptical piece and by paulus on constitutional principles. Critical constitutionalism and the cosmopolitan state. In the modern constitutionalist tradition, the concept of constituent power imagined to be held by.
Revisiting kumms cosmopolitan constitutionalism maximilian fenner abstract in this paper, i revisit mattias kumms work on a cosmopolitan conception of law. Constitutionalism, international law and global governance. First, i claim that although some criticism can be resisted by kumm, under closer methodological scrutiny there are aws in his theory. In rare instances, a publisher has elected to have a zero moving wall, so their current issues are available. Jus cogens journal aims at promoting new conceptual research and throughout discussion for the clarification of the potentials of innovation in philosophy law and politics. May 24, 2019 kumm m 2009 the cosmopolitan turn in constitutionalism. See mattias kumm, the cosmopolitan turn in constitutionalism. An integrated conception of public law, indiana journal of global legal studies. Close this message to accept cookies or find out how to manage your cookie settings. Constitutionalism, international law and global governance cambridge university press, 2009, 258324. Constitutionalism and the cosmopolitan state by mattias.
Constitutionalism, international law, and global governance ruling the world. Oct 11, 20 kumm, mattias, constitutionalism and the cosmopolitan state october 10, 20. And for the other view, see mattias kumm, the cosmopolitan turn in constitutionalism. Project muse the cosmopolitan turn in constitutionalism. An integrated conception of public law mattias kumm. On the relationship between constitutionalism in and beyond the state. On the relationship between constitutionalism in and beyond the state, in jeffrey l. Spatial statism 389 esperantolike status, while state law is en route to losing its distinct voice and relevance. Kumm, mattias and giudice, michael, the idea of cosmopolitan constitutionalism 2010.
Constituent power, cosmopolitan constitutionalism, and. The curious case of the world trade organization 178 jeffrey l. The united nations and constitutional orders mattias kumm constitutional democracy encounters international law. Such groundbreaking event is at the forefront also of the research ambitions of this journal. On the relationship between constitutionalism in and beyond the state, in. The idea of cosmopolitan constitutionalism by mattias. Global governance by definition consists in a complex agglomerate of public and private, formal and informal, actors, processes, and instruments.
Global constitutionalism, transnational human rights law, and. Human rights, democracy and the rule of law, 1 global constitutionalism 1 2012. Spatial statism university of toronto faculty of law. Constituent power, cosmopolitan constitutionalism, and post. Transformative constitutionalism justice pius langa chief justice of the republic of south africa. Kumm, mattias 20 the cosmopolitan turn in constitutionalism. Constituent power, cosmopolitan constitutionalism, and postpositivist law mattias kumm inge rennert professor of law, nyu school of law. Perju, freedom and imagination constitutional space in the. On the relationship between constitutionalism in and beyond the state, in ruling the world. Global constitutional law further reading 1 defining global. Mattias kumm new york university, ny nyu school of law. Martin loughlin the misconceived search for global law. Within this dualist paradigm, any talk of constitutionalism beyond the state is deeply implausible. Constitutional transplants, borrowing, and migrations.
Contrary to widely made implicit assumptions in constitutional theory and practice, national constitutional legitimacy is not selfstanding. On the relationship between constitutionalism in and beyond the state 258 mattias kumm. Revisiting kumms cosmopolitan constitutionalism kriterion. Contrary to widely made implicit assumptions in constitutional theory and practice. Mattias kumm, the cosmopolitan turn in constitutionalism. See mattias kumm, constituent power, cosmopolitan constitutionalism, and postpositivist law, 143 intl j. On the politics of societal constitutionalism emilios christodoulidis. This marketenabling function of international economic law is in turn criticized as overly neoliberalist new constitutionalism by others. Ruling the world constitutionalism, international law. On the relationship between constitutionalism in and beyond the state in jeffrey dunoff and joel trachtman eds, ruling the world. Legal philosophy between state and transnationalism seminar series. Mattias kumm, frank michelman, jonathan trejomathys, and katie young for comments on earlier drafts. On the foundations of international law and the constitutional law of foreign affairs abstract. It is a joint publication of indiana university press and the indiana university maurer school of law.
Mattias kumm is professor of law, nyu school of law. For the latter, see mattias kumm, the cosmopolitan turn in constitutionalism. Pdf how does european union law fit into the world of public. If the point of constitutionalism is to define the legal framework within which collective selfgovernment can legitimately take place, constitutionalism has to take a cosmopolitan turn. The moving wall represents the time period between the last issue available in jstor and the most recently published issue of a journal. State of global constitutional disordering 2010 1 transnational legal theory 329 read on ssrn mattias kumm, the cosmopolitan turn in constitutionalism. The cosmopolitan turn in constitutionalism cambridge university. Exploring the relationships among international and domestic constitutions 9 human rights and international constitutionalism stephen gardbaum 10 the cosmopolitan turn in constitutionalism. Constitutionalism, international law, and global governance, edited by dunhoff, jeffrey and trachtman, joel, 258324. Constitutionalism and the cosmopolitan state by mattias kumm. The articles purpose, in turn, is to present perspectives from philosophy and legal theory that might promisingly recast, in this new cosmopolitan frame, our thinking about law as a mode of social integration.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. International law, on the other hand, is conventionally imagined as the law among states, founded on the consent of states, and addressing questions of foreign affairs. In short, despite some important early cautionary notes, some of which have. Societal constitutionalism, social movements, and constitutionalism from below gavin w. Mattias kumm this selfstanding piece effectively serves as a rough first draft of the core theoretical chapter for a book i am writing tentatively entitled constitutionalism and the cosmopolitan state. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Constitutionalism in and beyond the state in jl dunoff and jp trachtman eds, ruling the world. Some regard wto law and international investment law as a second line of constitutional entrenchment to grant economic freedoms of market actors. On the relationship between constitutionalism in and beyond the state in jl dunoff and jp trachtman eds, ruling the world. Constitutionalism, international law, and global governance jeffrey l. Jus cogens as a conceptual category, though, is an old source of international law and reflection upon international justice. Constitutionalism, international law, and global governance 315 2009 any conception of.