The state system is and has been the main point of reference in international relations theory (from here: IR) both for traditional and new approaches (Jackson & Sörensen, 2010). Contemporary debates address the future of the state and whether its central importance in world politics may now be changing due to globaliza-tion (ibid.). The resulting emergence of a wide range of non-state actors such as international organizations caused a notable shift of power from the state to the regional or global level. The Kadi Case in 2005 and the military intervention in Libya 2011 demonstrated that e.g. the European Union and the UN now make use of this power in ways that directly affect individual’s decisions. Both cases have shown that more attention is required from IR scholars to “address the coming challenges to fundamental norms that are held as central principles in most contemporary societies among the globe” (Wiener, et al., 2012, pp. 1, 2). The recent consti-tutional turn in IR theory deals with the shift from globalization towards constitutionalisation and the perceived lack of qualitative constitutional means to bound decisions of non-state actors and ground them in normative roots demonstrating their universal validity (Wiener, et al., 2012, p. 3).
This paper will focus on the theoretical motivation and conceptual innovation of the so called constitutional turn in IR. It will further discuss the turn critically and explain why this turn requires more attention from IR scholars.
Table of Contents
1 Contents
2 Introduction
3 The Constitutional Turn in International Relations Theory
Objectives and Topics
This paper examines the theoretical foundations and conceptual innovations of the "constitutional turn" in International Relations (IR) theory, critically assessing how global constitutionalization addresses the challenges posed by non-state actors in an increasingly globalized world.
- Theoretical shift from globalization to constitutionalization
- Impact of the Kadi case and international legal contestation
- Distinctions between constitutionalization and constitutionalism
- Analysis of the normative, functionalist, and pluralist schools
- Methodological innovation of theoretic triangulation
Excerpt from the Book
The Constitutional Turn in International Relations Theory
To provide a basis for the understanding of the constitutional turn it is useful to start with and agree on some definitions related to the topic. Constitutional is deriving from ‘constitution’, that is “generally understood as the supreme law of a sovereign state” (Kumm, 2009, p. 258). “International law, on the other hand, is conventionally imagined as the law among states, founded on the consent of states, and addressing questions of foreign affairs” (ibid.) It is further important to distinguish between constitutionalisation and constitutionalism. Whereas constitutionalisation describes the process by which institutional arrangements in the non-constitutional global realm take on a constitutional quality (Wiener, et al., 2012, p. 5), constitutionalism is referring to a concept that is dealing with the consequences of globalisation, namely the diffusion of national boarders and the resulting lack of legitimacy within supranational and international organisations. Constitutionalism differs according to time and place and therefore allows the existence of several types of constitutionalisms over time. It can be seen as a product made and remade through on-going debates, reflecting the contested quality of its own norms, rules and principles (Wiener, 2011, p. 216). As heuristic framework it entails meta-theoretical debates on questions such as why a constitution is legitimate and authoritative, and how it should be interpreted as well as a descriptive approach assessing the process of constitutionalisation by which institutional arrangements in the non-constitutional global realm take on a constitutional quality (Wiener, et al., 2012, p. 5; Wiener & Neyer, 2010, p. 217). Constitutionalism can further be distinguished between small-c and big-C constitutionalism. Hereby small-c constitutionalism is applicable beyond the state and enables interplay between institutional and social practices that call for democracy, legitimacy and legality (Kumm, 2009) while big-C constitutionalism refers to the more traditional meaning and deals with basic ideas on the rule of law, justice and participation (Wiener, 2011).
Summary of Chapters
2 Introduction: This chapter introduces the state system as the traditional reference point in IR and highlights the shift of power toward non-state actors, establishing the relevance of the "constitutional turn."
3 The Constitutional Turn in International Relations Theory: This section provides essential definitions, discusses the influence of the Kadi case, and outlines the three primary analytical schools (normative, functionalist, and pluralist) currently shaping the field.
Keywords
International Relations, Constitutional Turn, Constitutionalization, Constitutionalism, Globalization, Kadi Case, Non-state Actors, Global Governance, Normative Theory, Functionalism, Pluralism, Theoretic Triangulation, Human Rights, International Law, Legitimacy
Frequently Asked Questions
What is the primary focus of this paper?
The paper explores the recent "constitutional turn" in International Relations, focusing on the theoretical motivation and conceptual innovations required to govern a world where non-state actors play an increasingly significant role.
What are the central themes of the research?
Key themes include the transformation of global authority, the tension between international law and state sovereignty, and the evolution of constitutional norms beyond the nation-state.
What is the main research objective?
The objective is to analyze how the constitutional turn reinterprets the global legal order and to explain why this development demands greater attention from the international relations scholarly community.
Which scientific methods are employed?
The work utilizes theoretical analysis of contemporary legal and political debates and mentions the method of "theoretic triangulation" as a way to create a joint perspective on institutional building and social practice.
What does the main body of the text cover?
It covers definitions of constitutional concepts, the impact of the Kadi case on international legal discourse, and a classification of different academic approaches to constitutionalism.
Which keywords best describe this work?
Core keywords include International Relations, Constitutionalization, Globalization, Non-state Actors, and the normative, functionalist, and pluralist schools of constitutional theory.
What role did the Kadi case play in the constitutional turn?
The Kadi case is presented as a catalyst that raised critical questions about the accountability of international organizations like the UN and the legitimacy of their decision-making processes.
How does the author distinguish between "constitutionalization" and "constitutionalism"?
Constitutionalization refers to the process of institutional arrangements taking on constitutional qualities, while constitutionalism acts as a conceptual framework dealing with the legitimacy and consequences of globalization.
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- Lisa Denzer (Autor:in), 2012, The Constitutional Turn in International Relations Theory , München, GRIN Verlag, https://www.grin.com/document/202664
