Abstract

This introductory chapter defines the concept of a cosmopolitan legal order (CLO), and provides a summary overview of the book. A CLO is a transnational legal system in which justiciable rights are held by individuals, all public officials bear the obligation to fulfill the fundamental rights of every person within their jurisdiction, and domestic and transnational judges supervise how officials do so. In Europe, such an order emerged as a product of the combined effects of Protocol no. 11 (1998) of the European Convention on Human Rights (ECHR), and the incorporation of the Convention into national law. The book explicates the European CLO in light of Kantian constitutional theory, which is applied to the law and politics of the ECHR regime.

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