Carl Schmitt and the analogy between constitutional and international law? are constitutional and international law inherently political?

Date

2013

Authors

Vinx, L.

Editor(s)

Advisor

Supervisor

Co-Advisor

Co-Supervisor

Instructor

Source Title

Global Constitutionalism

Print ISSN

2045-3817

Electronic ISSN

Publisher

Cambridge University Press

Volume

2

Issue

1

Pages

91 - 124

Language

English

Journal Title

Journal ISSN

Volume Title

Series

Abstract

According to Carl Schmitt, constitutional law and international law are analogous in that they are both forms of political law. Schmitt concludes that neither is open to legitimate judicial enforcement. This paper critically explores Schmitt’s analogy between constitutional and international law. It argues that the analogy can be turned against Schmitt and contemporary sceptics about international law: Since we no longer have any reason to deny the judicial enforceability of domestic constitutional law, the analogy now suggests that there is no reason to think that legitimate judicial enforcement of international law is impossible.

Course

Other identifiers

Book Title

Degree Discipline

Degree Level

Degree Name

Citation