Symposium: Cosmopolitan Law and the Courts in Transnational Legal Theory 2016 (Taylor&Francis, Routledge)

Excerpt from the Introduction by C.Corradetti

The thesis of a “cosmopolitan turn” of a state’s constitutionalism has quite extensively influenced the debate over the contemporary transformation of international law. A Copernican revolution of sorts, it has consisted not only of a phenomenological shift, but also of the creation of a new paradigm for the definition of legitimate domestic orders. The cosmopolitan turn has also run parallel to the constitutionalization of international law. Here, constitutionalization is neither simply a process of legalization nor, obviously, a constitution as such. This is due to the fact that constitutionalization implies a number of processes which international law undergoes together with a multiplicity of purposes that are served therewith. It indicates the transformation of bilateral or multilateral agreements into higher order principles of wider scope. In order for this transformation to be possible, a shift in reasoning should precede, one moving away from an instrumental, technocratic form into a value-based approach of legal reasoning. This value inclusion within legal thinking is what the term “constitutionalism” aims to capture. As a mode of reasoning — as a “mindset” — constitutionalism brings about the conditions of a rule of law conceived around the standard of equality, human dignity, or freedom. Constitutionalism indicates also a process of self-reflexivity. It provides a meta-framework from which to evaluate the legitimacy of its own constitutions, their finality and role within transnational law […].

List of Contributions

Judicial Cosmopolitan Authority
C.Corradetti, University of Oslo
Differential Cosmopolitanism
The Right to Stay as a Fundamental Freedom? The Demise of Automatic Expulsion in Europe
M.Savino, University of Viterbo
Building Democracy at the Bar: the European Court of Human Rights as an Agent of Transitional Cosmopolitanism
A.Føllesdal, University of Oslo
United Nations – Related Criminal Courts and Tribunals: Fleeting Mirages of Transitional Justice or a Piecemeal Approach to Cosmopolitan Justice?
G.Zyberi, University of Oslo
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