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.

U. of St. Gallen Law & Economics Working Paper No. 2008-08

18 Pages Posted: 27 May 2008 Last revised: 18 Jul 2014

See all articles by Anne van Aaken

Anne van Aaken

University of Hamburg, Law School; Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Research on Collective Goods

Abstract

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

van Aaken, Anne, 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. ; U. of St. Gallen Law & Economics Working Paper No. 2008-08. Available at SSRN: https://ssrn.com/abstract=1137525

Anne Van Aaken (Contact Author)

University of Hamburg, Law School ( email )

Johnsallee 35
Hamburg, 20148
Germany

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Research on Collective Goods ( email )

Kurt-Schumacher-Str. 10
D-53113 Bonn, 53113
Germany

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