Abstract
Cosmopolitan Constitutionalism is a specific proposal in the international legal debate, the goal of which is the application of constitutional principles at the global level to achieve the universal guarantee of human rights. The author proposes that if we want to respond to the question of whether this project is possible and desirable, we need to analyse whether this is a plausible proposal, considering the distinctive features of law in the transnational sphere. In this light, the principal aim of this work is to show the principal challenges that Cosmopolitan Constitutionalism presents for the classic debates of legal philosophy, considering the current conditions of the international sphere. In this paper, the three topics that are considered are the debates between morality and law, law and power, and law and unity. The topics are problematized from the perspective of two contemporary scholars of Cosmopolitan Constitutionalism: Luigi Ferrajoli and Jürgen Habermas.
Highlights
Cosmopolitan Constitutionalism is a specific proposal in the international legal debate, the goal of which is the application of constitutional principles at the global level to achieve the universal guarantee of human rights
I propose that a productive path that could be followed to debate the possibilities would be to study the impact of Cosmopolitan Constitutionalism in critical debates of legal philosophy
I will be able to respond to the question of whether it is possible to construct the project of Cosmopolitan Constitutionalism through a new comprehension of legal philosophy in transnational and cosmopolitan terms
Summary
Cosmopolitan Constitutionalism is a specific proposal in the international legal debate, the goal of which is the application of constitutional principles at the global level to achieve the universal guarantee of human rights. If we want to develop a project such as Cosmopolitan Constitutionalism, we need to analyse whether it is necessary to change our comprehension of the main topics of legal philosophy by analysing the features of the law beyond the state. I have chosen these scholars because they have developed a normative proposal of law and democracy that culminates with a cosmopolitan aspiration as part of a broader reflection in the context of a general theory By examining these questions, I will be able to respond to the question of whether it is possible to construct the project of Cosmopolitan Constitutionalism through a new comprehension of legal philosophy in transnational and cosmopolitan terms
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