Constitutionalism and the Myth of Practical Reason: Kelsenian Responses to Methodological Problems

  title={Constitutionalism and the Myth of Practical Reason: Kelsenian Responses to Methodological Problems},
  author={J{\"o}rg Kammerhofer},
  journal={Leiden Journal of International Law},
  pages={723 - 740}
Abstract While today a significant stream of European scholarship of international law is concerned with the process and consequences of its constitutionalization, criticism of this trend has so far been muted. This article, using elements of the Pure Theory of Law, argues that constitutionalist writings confound methodologies, that scholarship claims competencies which it does not have, and that this confusion diminishes the benefits of the constitutionalist project for international law. The… Expand
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