Jump to ContentJump to Main Navigation
Critical International LawPostrealism, Postcolonialism, and Transnationalism$
Users without a subscription are not able to see the full content.

Prabhakar Singh and Benoît Mayer

Print publication date: 2014

Print ISBN-13: 9780199450633

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780199450633.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 25 March 2019

Constitutionalism and Pluralism

Constitutionalism and Pluralism

Two Ways of Looking at Internationalism

(p.304) 12 Constitutionalism and Pluralism
Critical International Law
Prabhakar Singh

Sonja Kübler

Oxford University Press

This chapter argues that pluralism and constitutionalism are responses to two different problems within international law. While constitutionalism is needed to insure the legitimacy of the international legal order against the fragmentation of international law, pluralism helps curtail any hegemonic intent that international law’s original creators might have. Given its supra-nationality, this chapter uses European experiments with integration and European legal order generally as an example. The issue of Kosovo is discussed in order to evaluate the comparative potentials of constitutionalism versus pluralism at the grass root level. Against the backdrop of these examples, the chapter concludes that a horizontally structured system of legal pluralism is a desirable means to address and appreciate cultural and socio-legal issues within international law.

Keywords:   constitutionalism, pluralism, fragmentation, international law, transnationalism

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .