Constitutionalism, Legal Pluralism, and International Regimes

Indiana Journal of Global Legal Studies, Vol. 16, pp. 621-45, 2009

26 Pages Posted: 14 Mar 2010

See all articles by Alec Stone Sweet

Alec Stone Sweet

National University of Singapore (NUS) - Faculty of Law

Date Written: March, 12 2010

Abstract

The international legal order, although pluralist in structure, is in the process of being constitutionalized. This article supports this claim in several different ways. In the Part I, I argue that most accepted understandings of “constitution” would readily apply to at least some international regimes. In Part II, I discuss different notions of “constitutional pluralism,” and demonstrate that legal pluralism is not necessarily antithetical to constitutionalism. In fact, one finds a great deal of constitutional pluralism within national legal orders in Europe. Part III puts forward an argument that the European Court of Justice, the European Court of Human Rights, and the Appellate Body of the World Trade Organization are constitutional jurisdictions. In the Conclusion, I respond what I take to be the most important objections to these claims.

Keywords: constitutionalism, international law, international regimes, WTO, ECHR, EU, rights, constitutional pluralism

Suggested Citation

Stone Sweet, Alec, Constitutionalism, Legal Pluralism, and International Regimes (March, 12 2010). Indiana Journal of Global Legal Studies, Vol. 16, pp. 621-45, 2009. Available at SSRN: https://ssrn.com/abstract=1569346

Alec Stone Sweet (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

Register to save articles to
your library

Register

Paper statistics

Downloads
469
Abstract Views
1,993
rank
59,575
PlumX Metrics