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 14: The multifaceted relationship between functionalism and global constitutionalism

Jeffrey L. Dunoff


This chapter details the shifting terms of encounter between functionalism and global constitutionalism. During the inter-war years, functionalism denoted a strategy of international organization that stood in opposition to constitutionalist approaches. Over time, functionalism came to be understood as a methodology that could be used to illuminate or critique constitutional structures. More recently, functionalism has been conceptualized as a distinctive feature or style of post-national constitutional orders. Disentangling the various strands of the relationship between functionalism and global constitutionalism provides a trajectory over time of the shifting preoccupations of those addressing questions of international organization, as well as a series of distinguishable but mutually reinforcing frames through which to understand debates over the possibility, significance and normative desirability of constitutionalism beyond the state.

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