VI. Theoretical Works

D. Postnational Constitutionalism

Cass, Deborah, The Constitutionalization of the World Trade Organization: Legitimacy, Democracy, and Community in the International Trading System (2005)
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Cass, Deborah, The ‘Constitutionalization’ of International Trade Law: Judicial Norm-Generation as the engine of constitutional Development in International Trade, 12 European Journal of International Law 39 (2001)
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Cottier, Thomas, and Maya Hertig, The Prospects of 21st Century Constitutionalism, 7 Max Planck Yearbook of United Nations Law 261 (2003)
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Choudhry, Sujit, ed., The Migration of Constitutional Ideas (2007)
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de Wet, Erika, The International Constitutional Order, 55 International and Comparative Law Quarterly 51 (2006)
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de Wet, Erika, The Emergence of International and Regional Value Systems as a Manifestation of the Emerging International Constitutional Order, 19 Leiden Journal of International Law 611 (2006)
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Dupuy, Pierre-Marie, The Constitutional Nature of the Charter of the United Nations Revisited, 1 Max Planck Yearbook of United Nations Law 1 (1997)
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Dyzenhaus, David, The Rule of (Administrative) Law in International Law, 68 Law and Contemporary Problems 129 (2005) pdf link
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Dyzenhaus, David, Murray Hunt, and Michael Taggart, The Principle of Legality in Administrative Law: Internationalisation as Constitutionalisation, 1 Oxford University Commonwealth Law Journal 5 (2001)
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Falk, Richard, Robert C. Johansen, and Samuel S. Kim, eds., The Constitutional Foundations of World Peace (1993)
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Fassbender, Bardo, The United Nations Charter As Constitution of the International Community, 36 Columbia Journal of Transnational Law 529 (1998)
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Fassbender, Bardo, "We the Peoples of the United Nations": Constituent Power and Constitutional Form in International Law”, in The Paradox of Constitutionalism: Constituent Power and Constitutional Form 269 (Martin Loughlin and Neil Walker, eds., 2007)
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Howse, Rob, and Kalypso Nicolaïdis, Legitimacy and Global Governance: Why Constitutionalizing the WTO Is a Step Too Far', in Efficiency, Equity, Legitimacy: The Multilateral Trading System at the Millennium (R. Porter, et al., eds., 2001)
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Klabbers, Jan, Constitutionalism Lite, 1 International Organizations Law Review 31 (2004)
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Krisch, Nico, Global Administrative Law and the Constitutional Ambition, in The Twilight of Constitutionalism? (Petra Dobner and Martin Loughlin, eds. 2010)

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Krisch, Nico, Beyond Constitutionalism, The Pluralist Structure of Postnational Law (2010)

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Kumm, Mattias, Constitutional Democracy Encounters International Law: Terms of Engagement, in The Migration of Constitutional Ideas 256 (Sujit Choudhry, ed. 2007) pdf link (link to Working Paper)
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Kumm, Mattias, The legitimacy of International Law: A Constitutionalist Framework of Analysis, 15 European Journal of International Law 907 (2004)
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Onuf, Nicholas, The Constitution of International Society, 5 European Journal of International Law 1 ( 1994)
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Peters, Anne, Compensatory Constitutionalism: The Function and Potential of Fundamental International Norms and Structures, 19 Leiden Journal of International Law 579 (2006)
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Anne Peters, Global Constitutionalism Revisited, 11 International Legal Theory 39 (2005)
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Petersmann, Ernst-Ulrich, Human Rights, Constitutionalism and the World Trade Organization: Challenges for World Trade Organization Jurisprudence and Civil Society, 19 Leiden Journal of International Law 633 (2006)
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Petersmann, Ernst-Ulrich, Time for a United Nations ‘Global Compact’ for Integrating Human Rights into the Law of Worldwide Organizations: Lessons from European Integration, 13 European Journal of International Law 621 (2002)
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Petersmann, Ernst-Ulrich, How to Reform the UN System? Constitutionalism, International Law, and International Organizations, 10 Leiden Journal of International Law (1997) 421
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Schepple, Kim Lane, The Migration of Anti-Constitutional Ideas: The Post-9/11 Globalization of Public Law and the International State of Emergency, in The Migration of Constitutional Ideas 347 (Sujit Choudhry, ed. 2007)
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Schorkopf, Frank, and Christian Walter, Elements of Constitutionalization: Multilevel Structures of Human Rights Protection in General International and WTO-Law, 4 German law Journal (2003) pdf link
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Teubner, Gunther, Societal Constitutionalism: Alternatives to State-Centred Constitutional Theory, in Transnational Governance and Constitutionalism 3 (Chirstian Joerges, Inger-Johanne Sand and Gunther Teubner, eds., 2004)
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von Bogdandy, Armin, Constitutionalism in International Law: Comment on a Proposal from Germany, 47 Harvard International Law Journal (2006) 223
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Walker, Neil, Post-National Constitutionalism and the Problem of Translation, in European Constitutionalism beyond the State 53 (J.H.H. Weiler and Marlene Wind, eds., 2003)

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Walker, Neil, The Idea of Constitutional Pluralism, 65 Modern Law Review 317 (2002)
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Walker, Neil, Constitutionalism in a New Key: The EU and the WTO, in The EU and the WTO: Legal and Constitutional Perspectives 31 (Gráinne de Búrca and Joanne Scott, eds., 2001)
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Weiler, J.H.H. and Marlene Wind, eds., European Constitutionalism beyond the State (2003) Show Annotations for Item 32

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