Brunnée & Toope: Interactional Legal Theory, the International Rule of Law and Global Constitutionalism

Jutta Brunnée (Univ. of Toronto - Law) & Stephen J. Toope (Univ. of Toronto - Munk School of Global Affairs) have posted Interactional Legal Theory, the International Rule of Law and Global Constitutionalism (in Handbook on Global Constitutionalism, Anthony F. Lang & Antje Wiener eds., forthcoming). Here's the abstract:

In this contribution to a forthcoming handbook on global constitutionalism, we outline our interactional approach to international law. We then connect that approach to ‘circular,’ practice-oriented and interpretative understandings of the rule of law. We go on to show how those conceptions of the rule of law can help to support a limited ‘constitutionalism’ that is still at a nascent stage in international society. We argue that a constitutionalism that is expressed primarily through the rule of law is more open to diversity than might at first appear to be the case; indeed, we suggest that it is likely to be more open than forms of political constitutionalism that focus on constituent power.