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A Cosmopolitan Legal Order
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A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights

Alec Stone Sweet and Clare Ryan

Abstract

The book provides an introduction to Kantian constitutional theory and the European system of rights protection. Part I sets out Kant’s blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges ... More

Keywords: cosmopolitan legal order, CLO, ECHR, qualified rights, absolute rights, constitutionalization, Kantian constitutional theory

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780198825340
Published to Oxford Scholarship Online: June 2018 DOI:10.1093/oso/9780198825340.001.0001

Authors

Affiliations are at time of print publication.

Alec Stone Sweet, author
Saw Swee Hock Centennial Professor of Law, National University of Singapore

Clare Ryan, author
Ph.D. Candidate, Yale Law School