Global Constitutionalism: Thinking Beyond Modernity

Antje Wiener 

University of Hamburg
March 20, 2009

The Practice(s) of Global Constitutionalism at the International Studies Association convention in New York City, 15-17 February 2009 
Abstract:      

While international law has assumed the role of a reference frame that establishes the legitimacy for international encounters, the acceptance of international law itself has become increasingly contested. Multiple cases of norm contestation suggest that Henkin’s erstwhile observation that almost all states comply almost all the time with almost all the principles of international law is no longer a reasonable assessment of how norms work in the 21st century. Even the most powerful actors are keen to establish the legitimacy of their action even if it meant being in breach with international law. To address the paradox, global constitutionalism poses the central research question of how is it possible that enhanced breaches with the fundamental norms of international law have generated an increasing desire even among the most powerful norm-breakers in the international realm to be considered as proceeding legitimately. The paper introduces the concept of global constitutionalism as a template for empirical research on the future of international law. It defines global constitutionalism as a contextual and practice-oriented approach to analyse shifts in the foundations, limitations and principles of political order over time. The paper proceeds in four sections: Section 1 focuses on emerging constitutional quality beyond the state; section 2 puts modern constitutionalism in context; section 3 turns to details of a constitutionalist framework, and section 4 discusses the validity of global constitutionalism as a research framework with reference to then noted legality–legitimacy paradox in international relations.

Number of Pages in PDF File: 33

Keywords: Global Constitutionalism, International Law, Norms, Validation, Legitimacy, Practice, Culture, Modernity

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2364728