Judicial Cosmopolitan Authority
In this MultiRights seminar, Postdoctoral Fellow Claudio Corradetti will present his article that is part of a special issue on "Legal Cosmopolitanism and the Courts", edited by Corradetti, in Transnational Legal Theory.
In his article, Corradetti reconstructs the conditions of validity for claims of cosmopolitan authority and their corresponding judicial practices. He maintains that the authority of the law articulates the structure of a cosmopolitan constitution overlapping at both the domestic and the international legal domain. It is noteworthy that whereas in the domestic sphere claims to legitimate authority, both cosmopolitan and not cosmopolitan, are embedded within a preformed constituted unity of the law (constitution), in the transnational they perform a constituting function for constitutional integration (constitutionalism). Within the latter, pluralism remains unbound and the unity of international law turns into an interpretive task — one measured on the best account for the unity of international law.
Corradetti considers, accordingly, that international law cannot be upheld by either surrendering to an idea of legal fragmentation, one characterized by irreconcilable conflicts among regimes, nor by a mere acceptance of an unmediated constitutional hierarchy. Here there seems to hold, instead, a partial overlapping between the two spheres, one which defines a basic structure between the domestic and the transnational. This common concern between the two jurisdictions is what cosmopolitan authority defines.
The MultiRights seminars are organised by the MultiRights project on the multi-level human rights judiciary. They provide a forum for discussions for researchers from various backgrounds, including law, philosophy and political science. The seminars take place on a regular basis on Tuesdays and are open for all.