Implications of Contested Multilateralism for Global Constitutionalism

Abstract

The term 'global constitutionalism' has been used in various ways, all of which may be appropriate for different purposes. The first sections therefore specify some salient features of that term and of 'constitutional pluralism' - before turning to three implications of Morse and Keohane's claims about 'contested multilateralism' (CM) for global constitutionalism, including new forms of constitutional pluralism. The focus is primarily on aspects of CM regarded as a mode of constitutional change, considering what to make of such a form of 'extra-constitutional' procedure. Research challenges for political science, law and normative political theory are identified. Challenges by CM to the stability of international law are argued to be overdrawn. Of greater concern is that CM lends itself to piecemeal adjustments rather than reforms with an eye to the systemic effects. However, these worries must be tempered by the non-ideal nature of the present legal structure which should make us wary of imposing normative standards drawn from settings where institutions are fully just and generally complied with.

Keywords: global constitutionalism, contested multilateralism