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A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights

A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights

Authors
Publisher Oxford University Press
Year 28/08/2028
Pages 240
Version paperback
Readership level Professional and scholarly
Language English
ISBN 9780198825357
Categories Social & political philosophy
$38.26 (with VAT)
170.10 PLN / €36.47 / £31.66
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Book description

In this book, Alec Stone Sweet and Clare Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by
individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no.
11 (1998) to the European Court of Human Rights (ECtHR) and the incorporation of the Convention into national law.

The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its
jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.

A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights

Table of contents

Introduction and Overview

Part I: Kantian Imperatives

1: Perpetual Peace and the Cosmopolitan Constitution

2: A Kantian System of Constitutional Justice

3: Transnational Justice and Constitutional Pluralism

Part II: The European Convention on Human Rights

4: Beyond Individual Justice

5: Beyond Rights Minimalism

6: Beyond Borders

Conclusions

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