The Library
Federation is not only about function : where a neo-federalist plan for global constitutionalism falls short
Tools
Kuo, Ming-Sung (2013) Federation is not only about function : where a neo-federalist plan for global constitutionalism falls short. Working Paper. Coventry: University of Warwick. Warwick School of Law Research Paper (Number 2013/28).
An open access version can be found in:
Official URL: http://ssrn.com/abstract=2343613
Abstract
This essay engages with Jean Cohen’s magnum opus 'Globalization and Sovereignty: Rethinking Legality, Legitimacy and Constitutionalism (CUP 2012)' by focusing on her global neo-federalist plan. It is suggested that Cohen stands out in the debate surrounding global constitutionalism with her post-statist, function-oriented notion of federation as the political form for the globalizing world order. Yet, when it comes to legality, Cohen returns to the theme of liberal legalism. I make a twofold critique of Cohen’s constitutional prognosis. First, I argue that echoing past reform movements in international law, Cohen focuses on a rule-oriented, judge-centred conception of legality. As a result, she gives short shrift to the political nature of the existing UN-centred international legal order, in which a state of exception (or emergency) still sits alongside a seemingly permanent state of legal normalcy. Second, Cohen fails to reckon that a federal union of security and peace is not only about function. While her neo-federalist plan may well apply to other governance issues, it fails to do justice to the role of the UN Security Council (UNSC) in global peace and security, thereby undermining her plan to rein in the UNSC as the stepping stone to a constitutionalized world order.
Item Type: | Working or Discussion Paper (Working Paper) | ||||
---|---|---|---|---|---|
Alternative Title: | |||||
Divisions: | Faculty of Social Sciences > School of Law | ||||
Series Name: | Warwick School of Law Research Paper | ||||
Publisher: | University of Warwick | ||||
Place of Publication: | Coventry | ||||
Official Date: | 22 October 2013 | ||||
Dates: |
|
||||
Number: | Number 2013/28 | ||||
Number of Pages: | 36 | ||||
Institution: | University of Warwick | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Open Access (Creative Commons) | ||||
Open Access Version: |
Request changes or add full text files to a record
Repository staff actions (login required)
View Item |