This article questions whether these apparent differences between international and constitutional law really run as deep as is commonly supposed. Introduction what do you have in virtue of having a right. As mattias kumm was able to join the symposium only in its second part, we started by asking the other three speakers to formulate questions that his work brought up according to them. Free er trade will make every state better off, we explain and are told. Critical constitutionalism and the cosmopolitan state. This article is brought to you for free and open access by the new york university school of law at nellco legal scholarship repository. Gegenwartige herausforderungen des globalen konstitutionalismus. At the center of this dispute is the state departments refusal to permit the construction of an oil pipeline between canada and nebraska. The free viewer acrobat reader for pdf file is available at the adobe systems. Democracy and legitimacy in investorstate arbitration. August 15, 1967 in bremen, germany is inge rennert professor of law at new york university school of law, as well as holding a research professorship on globalization and the rule of law at the social science research center wissenschaftszentrum berlin fur sozialforschung, wzb and humboldt university in berlin. Congress july 2005, its astonishing to realize how very few of them bother to explain the legal foundation for the agreement.
Mattias kumm, doug laycock, jonathan pratter, steve ratner, larry. Mar 01, 2006 read the jurisprudence of constitutional conflict. Abstract today, arguably, investorstate arbitration has become the most controversial form of international litigation. Mattias kumm, jonathan nash, stefan oeter, friedl weiss and neil walker for their comments and advice at various stages in the preparation of this piece. Pdf how large is the world of global constitutionalism. On the place and limits of the proportionality requirement, in l aw, r ights, d iscourse.
New york university public law and legal theory working papers. For full access to this pdf, sign in to an existing account, or purchase an annual subscription. Clauses that are free from balancing can serve a useful function as rules of thumb, but their justification depends on an underlying balance of interests. Some supplementations to mattias kumm, european law journal on deepdyve, the largest online rental service for scholarly research with thousands of academic publications available at your fingertips. Are rights trumps over competing considerations of policy. Robert alexy born september 9, 1945 in oldenburg, germany is a jurist and a legal philosopher alexy studied law and philosophy at the university of gottingen.
European constitutionalism cambridge studies in european law and poli. To send content items to your account, please confirm that you agree to abide by our usage policies. What do you have in virtue of having a constitutional right. On the structure and domain of constitutional justice. Iilj working paper 20171 megareg series international investment law and arbitration. Finally, i am very lucky to have benefitted from the. Protecting member state autonomy in the european union. Global constitutionalism is a scholarly discourse which diagnoses andor reclaims that the norms and institutions of global governance follow and respect principles of constitutionalism. Kumm, mattias, constitutionalism and the cosmopolitan state 20. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext.
First, i claim that although some criticism can be resisted by kumm, under closer methodological scrutiny there are aws in his theory. I would also like to extend my thanks to arthur applbaum, alex aleinikoff, chris armstrong, irene bloemraad, benjamin boudou, hauke brunkhorst, cathryn costello, derek denman, richard fallon, matthew gibney, tom ginsburg, ali. Pdf the idea of socratic contestation and the right to. Mattias kumm new york university, ny nyu school of law. The relationship between global constitutionalism and critical theory is the subject of a workshop organized by mattias kumm, rainer forst and seyla benhabib on december 11th, 10 a. But some worry that the proportionality test provides a misguided and dangerous invitation to balance away human dignity. Federico fabbrini, george gerapetritis, annamaria konsta, george karavokyris, mattias kumm, jeanvictor louis, miguel poiares maduro, antonis manitakis, ana maria guerra martins, lina papadopoulou, ingolf pernice. Cosmopolitan legitimacy in constitutional democracy. Political, fiscal and banking union in the eurozone 1009. After that, there was an open discussion with the other participants of the symposium. Kumm is a normativist of neodworkinian, 4 postpositivist persuasion, and one who also holds that constitutional authority should reach beyond the state to embrace a broader conception of transnational justice. Takao suami waseda university law school, dimitri vanoverbeke katholieke universiteit leuven, and mattias kumm wissenschaftszentrum berlinwzb in the context of the project the eujapan relationship in the context of an ongoing powershift in the global society. Mattias kumm, rae langton, charles lawrence, anthony lewis, catherine mackinnon, john manning, jane. Most policy tweaks that have been suggested assume this neoliberal principle, even while trying to soften its harder edges.
Williamson 2003 national lawyers convention international law and american sovereignty. In january 2016, the canadian infrastructure company transcanada corporation filed a notice of intent to sue the united states government in a north american free trade agreement nafta chapter 11 arbitration over the keystone xl pipeline. Proportionality balancing and global constitutionalism alec stone sweet yale law school jud mathews. Balancing and the structure of constitutional rights. The structure of constitutional pluralism 493 and national legal orders, scholars typically identify, as the basic scaffolding of a constitution, jus cogens norms, other substantive fundamental rights, standards of procedural due process, and access to justice. These comprise the rule of law, separation of powerschecks and balances. Does international law suffer from a legitimacy crisis. A theory of constitutional rights alexy, robert on. The idea of socratic contestation and the right to justification. On the past and future of european constitutional scholarship. Robert alexy born september 9, 1945 in oldenburg, germany is a jurist and a legal philosopher. Proportionality balancing and global constitutionalism. Global constitutionalism from european and east asian perspectives. I would also like to thank janwerner muller for his contribution to the process as well.
A constitutionalist framework of analysis mattias kumm abstract does international law suffer from a legitimacy crisis. Kumm, mattias, constitutional democracy encounters international law. How large is the world of global constitutionalism. Treaty interpretation and constitutional transformation. He also holds a research professorship on rule of law in the age of globalization and is managing head of the center for global constitutionalism at the wzb berlin social science research center and professor of law at humboldt university. Download pdf european union constitutionalism in crisis. These comprise the rule of law, separation of powerschecks and balances, protection of human rights, democracy, and solidarity. Proportionality balancing and global constitutionalism alec stone sweet and jud mathews forthcoming in 47 columbia journal of transnational law fall 2008 introduction over the past fifty years, proportionality analysis pa has widely diffused. Has the globalization of public law, that claims to be guided by basic commitments to human rights, democracy and the rule of law, helped to. Difference and democracy by kolja raube overdrive rakuten. He received his phd in 1976 with the dissertation a theory of legal argumentation, and he achieved his habilitation in 1984 with a theory of constitutional rights.
This article is brought to you for free and open access by the yale law school faculty scholarship at yale law school legal scholarship repository. The end of the west and the future of global constitutionalism volume 6 issue 1 mattias kumm, jonathan havercroft, jeffrey dunoff, antje wiener. Find, read and cite all the research you need on researchgate. In his three 2009 holmes lectures published here, professor waldron seeks to describe and defend laws forbidding group defamation what we commonly refer to as hate speech as affirming the basic dignity of each member of society.
Suami, takao, mattias kumm, anne peters, and dimitri vanoverbeke, eds. Pdf european constitutionalism cambridge studies in. Download european union constitutionalism in crisis ebook pdf or read online books in pdf, epub. If this is the first time you use this feature, you will be asked to authorise cambridge core to connect with your account. Mattias kumm is the inge rennert professor of law at the new york university law school.
New york university public law and legal theory working. A preliminary inquiry 117 mitu gulati 11 political, fiscal and banking union in the eurozone 9 edmond alphandery 12 the eurozone crisis, institutional change. What do you have in virtue of having a constitutional. Kumm, mattias, what do you have in virtue of having a constitutional right.
After that, there was an open discussion with the other participants of. The position developed by mattias kumm in this journal and in other recent writings 3 bucks the trend. The proportionality test is at the heart of much of contemporary human and constitutional rights adjudication. Confronts global constitutionalism which has been developed in europe and which is perceived to be eurocentric with an east asian critique. Mattias kumm juian rivers deserves credit not only for a text which does full justice to alexys renowned lucidity, but also for an introduction which argues persuasively for the relevance of alexys. Constitutional democracy encounters international law. Download pdf european constitutionalism cambridge studies in european law and policy book full free. Pdf on mar 1, 2014, mattias kumm and others published how large is the world of global constitutionalism. The purpose of this report is to analyse the consequences that the judicial decisions of the european court of justice ecj have on the european. A conceptual framework rob howse forthcoming in international law and litigation helene ruizfabri, ed. Mattias kumm, political liberalism and the structures of rights. International constitutional law international law. In julian nidarumelin, detlef daniels, nicole wloka eds. Despite superficial appearances to the contrary, constitutional law, like international law, lacks a centralized legislature to specify and update legal norms, and although constitutional courts.
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