Interactional Legal Theory, the International Rule of Law and Global Constitutionalism

Anthony F. Lang & Antje Wiener, eds, Handbook on Global Constitutionalism (Edward Elgar, 2017 Forthcoming)

25 Pages Posted: 15 Jun 2017  

Jutta Brunnée

University of Toronto, Faculty of Law

Stephen J. Toope

University of Toronto

Date Written: June 13, 2017

Abstract

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

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

Jutta Brunnée (Contact Author)

University of Toronto, Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada
416-946-7353 (Phone)
416-978-7899 (Fax)

Stephen J. Toope

University of Toronto ( email )

Department of Statistical Sciences
Toronto, Ontario M5S 3G8
Canada

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