Handbook on Global Constitutionalism
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Handbook on Global Constitutionalism

Edited by Anthony F. Lang and Antje Wiener

This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, drawing on diverse frameworks and empirical data sets. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. The Handbook will define this field of inquiry for the next generation by bringing together some of the leading contemporary scholars.
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Chapter 13: Interactional legal theory, the international rule of law and global constitutionalism

Jutta Brunnée and Stephen J. Toope

Abstract

The interactional account of international law illuminates the international ‘rule of law’, revealing that it can provide a form of constitutionalism without rigorous institutional separation of powers. Interactional international law also shows that authority emerges within law, from continuing practices that meet conditions of legality. When authority is internal to law, the need to specify the nature of ‘constituent power’ is obviated, a theoretical advantage in a diverse international society without shared political identity. The thin substantive commitments required by interactional law have been widely embraced as international law is reshaped from a purely Eurocentric to a mestizo law through the participation of developing world lawyers and their allies.

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