Fragmentation and Constitutionalisation of International Law: A Theoretical Inquiry
journal contribution
posted on 2016-07-15, 09:24authored byRossana 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.