Cosmopolitan Constitutionalism: Democratic Legitimacy and the International Order

Can democratic legitimacy be extended beyond the frame of the modern state into the realm of global politics? Theorists of cosmopolitan democracy point to a mounting global legitimation crisis whereby global governance structures increasingly subject people around the world to binding decisions outside of democratic control and oversight. Identifying this problem, they seek to extend the conceptual limits of democratic legitimacy beyond the nation-state, arguing for the creation of supranational democratic institutions and a binding cosmopolitan law. Critics, however, claim that cosmopolitan democracy is either dangerous or theoretically incoherent. Cosmopolitan constitutionalism is my attempt to reconcile the need for an international solution to global problems, as acknowledged by cosmopolitan democrats, with the serious concerns of their critics, using contemporary constitutional principles that stress rules, norms, and procedures for managing conflicts between competing political identities under the purviews of democratic representation and accountability. It provides a power sharing agreement that draws individuals and states into an always amendable framework that limits political authority and facilitates debate over how to address shared challenges. In doing so, it promotes the deepening of democracy at all levels of decision-making, aiming to balance the demands of individuals and communities around the world for the purpose of achieving a just international order.