A Functional Approach to International Constitutionalism: The Value Added of a Social Science Contribution
Published in: 127 Archiv für Rechts- und Sozialphilosophie (ARSP) Beiheft (2012), pp. 155-171.
18 Pages Posted: 27 May 2008 Last revised: 18 Jul 2014
Although international constitutionalism is an ever more explored subject by international law scholars, many questions remain to be answered. What is the legal nature of international constitutionalism (descriptive dimension), how can it be explained and rationally construed (explanatory dimension), and what goals should it pursue (normative dimension)? The first as well as the third question have been explored already in more detail. I submit though, that the explanatory dimension is still largely missing in international legal scholarship, though not in neighboring disciplines, such as political science or economics. If the agenda of international constitutionalism is to be pursued (certainly not an uncontested goal, but taken as given here), the explanatory social science dimension cannot be missing. It is uniquely qualified for uncovering weaknesses in Public International Law (constitutionalism) as well as for showing possibilities to render it more effective.
Keywords: International Constitutionalism, legal theory, economic analysis of law
JEL Classification: K0, K3
Suggested Citation: Suggested Citation