Kant, cosmopolitanism and systems of constitutional justice in Europe and beyond

Abstract

In A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the ECHR, we sought to demonstrate the power of Kantian theory to explain-or at least meaningfully illuminate-(1) the defining characteristics of modern, rights-based constitutionalism; (2) the evolving law, politics and constitutional architecture of the European Court of Human Rights (ECHR); and (3) the emergence of a global, cosmopolitan commons, featuring inter-judicial dialogue at its core. This article responds to contributors to the special symposium on the book. In Part I, we defend our account of a Kantian-congruent, domestic system of constitutional justice. Part II reflects on the ECHR as an instantiation of a cosmopolitan legal order, and on the European Court's case law-particularly its enforcement of the proportionality principle. In Part III, we assess the evidence in support of a broader 'constitutionalization' of international human rights law.