Download this Paper Open PDF in Browser

Constitutionalism, Legal Pluralism, and International Regimes

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

26 Pages Posted: 14 Mar 2010  

Alec Stone Sweet

Yale University - Yale Law School

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)

Yale University - Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

HOME PAGE: http://works.bepress.com/alec_stone_sweet/

Paper statistics

Downloads
455
Rank
51,774
Abstract Views
1,869