Global Constitutionalism without Global Democracy (?)

137 Pages Posted: 8 Dec 2016 Last revised: 13 Dec 2016

See all articles by Claudio Corradetti

Claudio Corradetti

University of Rome

Giovanni Sartor

European University Institute Law Department

Dimitri Van Den Meerssche

European University Institute, Department of Law (LAW)

Aoife O'Donoghue

Durham Law School

Pavlos Eleftheriadis

University of Oxford - Faculty of Law

Maria Adele Carrai

European University Institute; New York University School of Law; KU Leuven, Leuven Centre for Global Governance Studies, Students

Ernst-Ulrich Petersmann

European University Institute - Department of Law (LAW)

Date Written: 2016

Abstract

The contributions in this volume investigate interconnected aspects of the democratic deficit in global constitutionalism.

The commonly shared question is the following: to what extent, if any, a global (or cosmopolitan) shift of international law can proceed absent a transnational democratic check? Some scholars are convinced that this is a real problem since that a ‘division of labour’ is to be recognized between national and regional/international legal levels, only the first needing a democratic legitimacy. The contributors to this volume, on the contrary tend to share the view that detaching the production of international law from constituent will, as well as from a democratic framework, can indeed undermine constitutional legitimacy. Furthermore, this may open the way to forms of domination that affect also state’s democratic institutions from within.

What is the way out from this deadlock? How is it possible to tame global constitutionalism in order to avoid a global Leviathan? The collection of essays here presented attempts to conceptualize some of the central challenges affecting contemporary patterns of legal dispersion and fragmentation. They follow a conceptual-historical thread which starts with a modern Kantian understanding of the problem, and unfolds into the discussion of issues of constitutional pluralism, institutional legitimacy and the risk of tyranny. The volume includes analyses of the role of China and the EU, two of the most important actors, even though perhaps at the opposite pole of the global constitutional project.

Keywords: Cosmopolitanism; Global Constitutionalism; Legitimacy; Sovereignty; Democratic Deficit

Suggested Citation

Corradetti, Claudio and Sartor, Giovanni and Van Den Meerssche, Dimitri and O'Donoghue, Aoife and Eleftheriadis, Pavlos and Carrai, Maria Adele and Petersmann, Ernst-Ulrich, Global Constitutionalism without Global Democracy (?) (2016). EUI Department of Law Research Paper No. 2016/21. Available at SSRN: https://ssrn.com/abstract=2880469 or http://dx.doi.org/10.2139/ssrn.2880469

Giovanni Sartor

European University Institute Law Department ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

Dimitri Van Den Meerssche

European University Institute, Department of Law (LAW) ( email )

Via Boccaccio 121 (Villa Schifanoia)
Firenze
Italy

Aoife O'Donoghue

Durham Law School ( email )

Palatine Centre
Stockton Road
Durham, County Durham DH1 3ET
United Kingdom

HOME PAGE: http://https://www.dur.ac.uk/law/staff/?id=5868

Pavlos Eleftheriadis

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

Maria Adele Carrai

European University Institute ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

KU Leuven, Leuven Centre for Global Governance Studies, Students ( email )

Leuven
Belgium

Ernst-Ulrich Petersmann

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy

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