A cosmopolitan legal order: Constitutional pluralism and rights adjudication in Europe

Alec Stone Sweet

183 citations0/0 files storedGlobal Constitutionalism

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European and International Law Studies International Law and Human Rights Legal Rights and Human Rights

Abstract

Abstract The European Convention on Human Rights is rapidly evolving into a cosmopolitan legal order: a transnational legal system in which all public officials bear the obligation to fulfill the fundamental rights of every person within their jurisdiction. The emergence of the system depended on certain deep, structural transformations of law and politics in Europe, including the consolidation of a zone of peace and economic interdependence, of constitutional pluralism at the national level, and of rights cosmopolitanism at the transnational level. Framed by Kantian ideas, the paper develops a theoretical account of a cosmopolitan legal system, provides an overview of how the ECHR system operates, and establishes criteria for its normative assessment.

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References

2004The Rights of Others 1996Kant: The Metaphysics of Morals 2001Human Rights as Politics and Idolatry 1986Liberalism and World Politics 2019Thick and Thin 1981Lawyers, Judges, and the Making of a Transnational Constitution 2002On Law, Politics, and Judicialization 2004The Judicial Construction of Europe

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