On the Relationship between International Law and International Constitutionalism
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Frederick Schauer
Abstract
In some circles the idea of international constitutionalism, or international constitutional law, appears to provoke a considerable and perhaps unexpected degree of resistance, and indeed animosity. My goal on this occasion is to try to figure out why this attitude of scorn might exist, and in the process also to say something about the relationship between international law and international constitutionalism.
Acknowledgments
This Article is the written version of keynote lecture for the 2016 Conference of the Vienna Journal on International Constitutional Law (ICL Journal) delivered on 23 September 2016, at Wirtschaftsuniversität Wien, Vienna, Austria. I am grateful to the organizers, Christoph Bezemek, Harald Eberhard and Claudia Fuchs, and to the audience for their questions and comments.
© 2017 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Articles
- On the Relationship between International Law and International Constitutionalism
- Narratives of Constitutionalization in the European Union Court of Justice and in the European Court of Human Rights’ Case Law
- A Single Spark Can Start a Prairie Fire
- Constitutional Developments
- Austrian Constitutional Court: The Annulment of the Run-off for the Presidency
- Austrian Constitutional Court: Presidential Election – Analysis in the Light of the previous Jurisdiction of the Constitutional Court
- Austrian Constitutional Court: Presidential Election – Violation of the Principle of Free Elections
- Austrian Constitutional Court: Presidential Election – Counterevidence and Influence of New Media
- Austrian Constitutional Court: Vegan Landowner Must Tolerate Hunting on his Property
- Hungarian Constitutional Court: The Limits of EU Law in the Hungarian Legal System
- Bosnian Constitutional Court: Unconstitutionality of the ‘Day of the Republic’
- Book Review
- Khaitan Tarunabh: A Theory of Discrimination Law
- David Kennedy: A World of Struggle: How Power, Law, and Expertise Shape Global Political Economy
Articles in the same Issue
- Frontmatter
- Articles
- On the Relationship between International Law and International Constitutionalism
- Narratives of Constitutionalization in the European Union Court of Justice and in the European Court of Human Rights’ Case Law
- A Single Spark Can Start a Prairie Fire
- Constitutional Developments
- Austrian Constitutional Court: The Annulment of the Run-off for the Presidency
- Austrian Constitutional Court: Presidential Election – Analysis in the Light of the previous Jurisdiction of the Constitutional Court
- Austrian Constitutional Court: Presidential Election – Violation of the Principle of Free Elections
- Austrian Constitutional Court: Presidential Election – Counterevidence and Influence of New Media
- Austrian Constitutional Court: Vegan Landowner Must Tolerate Hunting on his Property
- Hungarian Constitutional Court: The Limits of EU Law in the Hungarian Legal System
- Bosnian Constitutional Court: Unconstitutionality of the ‘Day of the Republic’
- Book Review
- Khaitan Tarunabh: A Theory of Discrimination Law
- David Kennedy: A World of Struggle: How Power, Law, and Expertise Shape Global Political Economy
