Handbook on Global Constitutionalism
Show Less

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 29: The International Criminal Court and global constitutionalism

Andrea Birdsall and Anthony F. Lang, Jr.


How does the International Criminal Court (ICC) embody the principles of constitutionalism? In order to answer this question, this chapter proposes two types of constitutionalism: international constitutionalism, which describes a legal and political order in which states are the primary agents, and global constitutionalism, in which individual people are the primary agents. We argue that the Court incorporates aspects of both forms. To make this argument, we first use ideas of global constitutionalism to look to the ICC’s institutional structure and assess its first ever case which established many of its procedures and practices. We then assess the Court’s role in the international legal and political order to advance ideas of international constitutionalism.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.