Anthony F. Lang & Antje Wiener, eds, Handbook on Global Constitutionalism (Edward Elgar, 2017 Forthcoming)
25 Pages Posted: 15 Jun 2017
Date Written: June 13, 2017
In this contribution to a forthcoming handbook on global constitutionalism, we outline our interactional approach to international law. We then connect that approach to ‘circular,’ practice-oriented and interpretative understandings of the rule of law. We go on to show how those conceptions of the rule of law can help to support a limited ‘constitutionalism’ that is still at a nascent stage in international society. We argue that a constitutionalism that is expressed primarily through the rule of law is more open to diversity than might at first appear to be the case; indeed, we suggest that it is likely to be more open than forms of political constitutionalism that focus on constituent power.
Keywords: Constitutionalism, Global Constitutionalism, International Law, Interactional Law, Rule of Law
Suggested Citation: Suggested Citation
Brunnée, Jutta and Toope, Stephen J., Interactional Legal Theory, the International Rule of Law and Global Constitutionalism (June 13, 2017). Anthony F. Lang & Antje Wiener, eds, Handbook on Global Constitutionalism (Edward Elgar, 2017 Forthcoming). Available at SSRN: https://ssrn.com/abstract=2985644