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Fragmentation and Constitutionalisation of International Law: A Theoretical Inquiry

journal contribution
posted on 2016-07-15, 09:24 authored by Rossana Deplano
A growing body of interdisciplinary scholarship addresses the issue of global constitutionalism. Scholarly contributions analyse the allocation of power within rule-systems of international law, how it affects subsequent international practice and its connection with political institutions. This article questions the validity of the use of constitutional concepts as a means for interpreting international law. An argument is made that current contributions on international constitutionalism are grounded on unstated assumptions. It is maintained that in order to restore coherence and unity within the international legal system, interpretations of international law should be carried out through interpretive means that are specifically conceived for international law. This article shows that although constitutionalism may be featured as an autonomous concept of international law, it is not able to restore coherence and unity within the international legal system. Therefore, it cannot be regarded as a remedy to the phenomenon of fragmentation.

History

Citation

European Journal of Legal Studies, 2013, 6 (1), pp. 67-89

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/School of Law

Version

  • VoR (Version of Record)

Published in

European Journal of Legal Studies

Publisher

European University Institute

issn

1973-2937

Copyright date

2013

Publisher version

http://www.ejls.eu/12/147UK.htm

Notes

The file associated with this record is under embargo while permission to archive is sought from the publisher. The full text may be available through the publisher links above.

Language

en

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