Cosmopolitanism and Global Constitutionalism

This paper locates and explores interconnections between global constitutionalism and cosmopolitan thought, particularly as they relate to legal cosmopolitanism. Through this analysis the paper argues that global constitutionalism is in fact a form of legal cosmopolitanism and that it would behoove both cosmopolitans and global constitutionalists to make better links between the traditions. To support this claim the paper begins with a general overview and summary of both cosmopolitanism and global constitutionalism, which makes links between the traditions of Cicero, Las Casas, Kant, Habermas and key global constitutionalists. Having established a link between traditional constitutionalism and global constitutional possibilities, the paper examines four areas where cosmopolitanism strongly overlaps with global constitutionalism and where there is mutual reinforcement and heuristic potential: 1) Kantian based legal cosmopolitanism and minimal / pluralist constitutionalism; 2) World government cosmopolitanism and increased calls for solidaritist constitutional authority; 3) Globalization, cultural cosmopolitanism and an emerging global social contract as a form of constitutionalization; 4) Cosmopolitan democracy, global constitutionalism and a united commitment a political cosmopolitan order. The paper ends by discussing and expanding upon the work of H. Patrick Glenn to defend the thesis that state constitutionalism already renders the modern state a cosmopolitan entity and that this form of existing cosmopolitan constitutionalism lends credibility to expanded efforts for global legal cosmopolitanism. This will be in response to both nationalist and state based neo-sovereigntists who continue to deny that constitutionalism can have traction beyond the nation-state and who have dismissed cosmopolitanism as overly ‘anti-statist.’