Mattias Kumm
Biographic Data
| ID | 4253443 |
|---|---|
| NAME | Mattias Kumm |
| GIVEN NAMES | Mattias |
| FAMILY NAME | Kumm |
| SIGNATURE | KUMM M |
| AFFILIATIONS | New York University |
| ORCID | 0000-0002-2576-407X |
| VERIFIED | Yes |
| TOTAL WORKS | 16 |
| TOTAL CITATIONS | 77 |
| AUTHOR COUNT | 15 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 2004 |
| LATEST PUBLICATION YEAR | 2022 |
| H-INDEX | 5 |
Perspektiven nach dem Ukrainekrieg: Europa auf dem Weg zu einer neuen Friedensordnung?
Der Krieg in der Ukraine hat alle Hoffnung zerstört, dass Europa keine bewaffneten Konflikte mehr erlebt. Wieder, wie nach dem Zweiten Weltkrieg und nach dem Fall des Eisernen Vorhangs, muss eine neue Friedensordnung gefunden werden. Dazu muss über die aktuelle militärische Lage im Ukrainekrieg hinaus gedacht werden. Die Autoren dieses Buches eint die Sorge um eine Verkürzung der aktuellen Debatten auf die militärische Logik und gleichzeitig eine…
Global Constitutionalism: History, Theory and Contemporary Challenges
Notwithstanding the political origins of constitutionalism in the west and the leading role played by the United States in the creation of the new global order after WWII, this origin of the global constitutional project does not undermine the claims to universality underlying it. After laying out a basic account of some core theoretical premises guiding global constitutionalism, the article presents a series of genealogical reflections, in which…
Ejil Roll of Honour; 2021 Ejil Peer Reviewer Prize; Changes in the Masthead; Germany v Italy: Jurisdictional Immunities – Redux (and Redux and Redux); 10 Good Reads; Rabia Balkhi – The Legacy of a Med…
“We Hold These Truths to Be Self-Evident”: Constitutionalism, Public Reason, and Legitimate Authority
Mattias Kumm puts forward the basic structure of an argument for a normative theory of public reason-based constitutionalism to determine what it would require if the law has the authority it claims to have but only if it is justifiable in terms of public reason and if constitutions seek to constitutionalize as a condition for legal validity this standard. Kumm contrasts public reason-based understandings of constitutionalism with conventionalist…
Public Reason and Courts
Global Constitutionalism as agora: Interdisciplinary encounters, cultural recognition and global diversity
h a n h a v e r c r o f t , m a t t i a s k u m m a n d k r
Introducing global integral constitutionalism
Dieser Beitrag ist mit Zustimmung des Rechteinhabers aufgrund einer (DFG-geförderten) Allianz- bzw. Nationallizenz frei zugänglich. / This publication is with permission of the rights owner freely accessible due to an Alliance licence and a national licence (funded by the DFG, German Research Foundation) respectively
Hard times: Progress narratives, historical contingency and the fate of global constitutionalism
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the 'Save PDF' action button
How large is the world of global constitutionalism
As Global Constitutionalism enters its third year, we want to take the opportunity to refl ect on and explore the conceptual and institutional boundaries of the world of global constitutionalism. In our fi rst editorial two years ago we defi ned the mission of the journal to promote a deeper understanding of the foundations, limitations and principles of political order and their dynamics over time across or between states, institutions or politi…
Interdisciplinarity: Challenges and opportunities
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
Global constitutionalism: Human rights, democracy and the rule of law
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the 'Save PDF' action button
Constitutionalism and experimentalist governance
This comment explores how experimentalist governance is connected to wider constitutional questions and makes two claims. First, there are good reasons to believe that experimentalist governance can only flourish in a world where the precepts of liberal democratic constitutionalism have been widely accepted and institutionalized. Experimentalist governance is part and parcel of the world of liberal democratic constitutionalism. Second, it is not …
The Idea of Socratic Contestation and the Right to Justification: The Point of Rights-Based Proportionality Review
The institutionalization of a rights-based proportionality review shares a number of salient features and puzzles with the practice of contestation that the Socrates of the early Platonic dialogues became famous for. Understanding the point of Socratic contestation, and its role in a democratic polity, is also the key to understanding the point of proportionality based rights review. To begin with, when judges decide cases within the proportional…
Who is Afraid of the Total Constitution? Constitutional Rights as Principles and the Constitutionalization of Private Law
In 1931 Carl Schmitt published an article titled “the turn to the total state.” The total state that Schmitt describes is not yet a totalitarian state. Germany is still a liberal democracy and the Weimar Constitution is still the supreme law of the land. But the total state Schmitt describes is a state in which the traditional lines between the sphere in which the private law society governs itself and the sphere of state intervention, or the pub…
Beyond Golf Clubs and the Judicialization of Politics: Why Europe has a Constitution Properly So Called
Journal Article Beyond Golf Clubs and the Judicialization of Politics: Why Europe has a Constitution Properly So Called Get access Mattias Kumm Mattias Kumm *New York University School of Law Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 54, Issue suppl_1, Fall 2006, Pages 505–530, https://doi.org/10.1093/ajcl/54.suppl1.505 Published: 01 October 2006
The Legitimacy of International Law: A Constitutionalist Framework of Analysis
Does international law suffer from a legitimacy crisis? International law today is no longer adequately described or assessed as the law of a narrowly circumscribed domain of foreign affairs. Its obligations are no longer firmly grounded in the specific consent of states and its interpretation and enforcement is no longer primarily left to states. Contemporary international law has expanded its scope, loosened its link to state consent and streng…
The Legitimacy of International Law: A Constitutionalist Framework of Analysis
Does international law suffer from a legitimacy crisis? International law today is no longer adequately described or assessed as the law of a narrowly circumscribed domain of foreign affairs. Its obligations are no longer firmly grounded in the specific consent of states and its interpretation and enforcement is no longer primarily left to states. Contemporary international law has expanded its scope, loosened its link to state consent and streng…
Global constitutionalism: Human rights, democracy and the rule of law
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the 'Save PDF' action button
The Idea of Socratic Contestation and the Right to Justification: The Point of Rights-Based Proportionality Review
The institutionalization of a rights-based proportionality review shares a number of salient features and puzzles with the practice of contestation that the Socrates of the early Platonic dialogues became famous for. Understanding the point of Socratic contestation, and its role in a democratic polity, is also the key to understanding the point of proportionality based rights review. To begin with, when judges decide cases within the proportional…
Introducing global integral constitutionalism
Dieser Beitrag ist mit Zustimmung des Rechteinhabers aufgrund einer (DFG-geförderten) Allianz- bzw. Nationallizenz frei zugänglich. / This publication is with permission of the rights owner freely accessible due to an Alliance licence and a national licence (funded by the DFG, German Research Foundation) respectively
Constitutionalism and experimentalist governance
This comment explores how experimentalist governance is connected to wider constitutional questions and makes two claims. First, there are good reasons to believe that experimentalist governance can only flourish in a world where the precepts of liberal democratic constitutionalism have been widely accepted and institutionalized. Experimentalist governance is part and parcel of the world of liberal democratic constitutionalism. Second, it is not …
How large is the world of global constitutionalism
As Global Constitutionalism enters its third year, we want to take the opportunity to refl ect on and explore the conceptual and institutional boundaries of the world of global constitutionalism. In our fi rst editorial two years ago we defi ned the mission of the journal to promote a deeper understanding of the foundations, limitations and principles of political order and their dynamics over time across or between states, institutions or politi…
Beyond Golf Clubs and the Judicialization of Politics: Why Europe has a Constitution Properly So Called
Journal Article Beyond Golf Clubs and the Judicialization of Politics: Why Europe has a Constitution Properly So Called Get access Mattias Kumm Mattias Kumm *New York University School of Law Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 54, Issue suppl_1, Fall 2006, Pages 505–530, https://doi.org/10.1093/ajcl/54.suppl1.505 Published: 01 October 2006
The Legitimacy of International Law: A Constitutionalist Framework of Analysis
Does international law suffer from a legitimacy crisis? International law today is no longer adequately described or assessed as the law of a narrowly circumscribed domain of foreign affairs. Its obligations are no longer firmly grounded in the specific consent of states and its interpretation and enforcement is no longer primarily left to states. Contemporary international law has expanded its scope, loosened its link to state consent and streng…
Who is Afraid of the Total Constitution? Constitutional Rights as Principles and the Constitutionalization of Private Law
In 1931 Carl Schmitt published an article titled “the turn to the total state.” The total state that Schmitt describes is not yet a totalitarian state. Germany is still a liberal democracy and the Weimar Constitution is still the supreme law of the land. But the total state Schmitt describes is a state in which the traditional lines between the sphere in which the private law society governs itself and the sphere of state intervention, or the pub…
Beyond Golf Clubs and the Judicialization of Politics: Why Europe has a Constitution Properly So Called
Journal Article Beyond Golf Clubs and the Judicialization of Politics: Why Europe has a Constitution Properly So Called Get access Mattias Kumm Mattias Kumm *New York University School of Law Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 54, Issue suppl_1, Fall 2006, Pages 505–530, https://doi.org/10.1093/ajcl/54.suppl1.505 Published: 01 October 2006
The Idea of Socratic Contestation and the Right to Justification: The Point of Rights-Based Proportionality Review
The institutionalization of a rights-based proportionality review shares a number of salient features and puzzles with the practice of contestation that the Socrates of the early Platonic dialogues became famous for. Understanding the point of Socratic contestation, and its role in a democratic polity, is also the key to understanding the point of proportionality based rights review. To begin with, when judges decide cases within the proportional…
Global constitutionalism: Human rights, democracy and the rule of law
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the 'Save PDF' action button
Constitutionalism and experimentalist governance
This comment explores how experimentalist governance is connected to wider constitutional questions and makes two claims. First, there are good reasons to believe that experimentalist governance can only flourish in a world where the precepts of liberal democratic constitutionalism have been widely accepted and institutionalized. Experimentalist governance is part and parcel of the world of liberal democratic constitutionalism. Second, it is not …
Interdisciplinarity: Challenges and opportunities
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
How large is the world of global constitutionalism
As Global Constitutionalism enters its third year, we want to take the opportunity to refl ect on and explore the conceptual and institutional boundaries of the world of global constitutionalism. In our fi rst editorial two years ago we defi ned the mission of the journal to promote a deeper understanding of the foundations, limitations and principles of political order and their dynamics over time across or between states, institutions or politi…
Hard times: Progress narratives, historical contingency and the fate of global constitutionalism
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the 'Save PDF' action button
Introducing global integral constitutionalism
Dieser Beitrag ist mit Zustimmung des Rechteinhabers aufgrund einer (DFG-geförderten) Allianz- bzw. Nationallizenz frei zugänglich. / This publication is with permission of the rights owner freely accessible due to an Alliance licence and a national licence (funded by the DFG, German Research Foundation) respectively
Global Constitutionalism as agora: Interdisciplinary encounters, cultural recognition and global diversity
h a n h a v e r c r o f t , m a t t i a s k u m m a n d k r
“We Hold These Truths to Be Self-Evident”: Constitutionalism, Public Reason, and Legitimate Authority
Mattias Kumm puts forward the basic structure of an argument for a normative theory of public reason-based constitutionalism to determine what it would require if the law has the authority it claims to have but only if it is justifiable in terms of public reason and if constitutions seek to constitutionalize as a condition for legal validity this standard. Kumm contrasts public reason-based understandings of constitutionalism with conventionalist…
Public Reason and Courts
Ejil Roll of Honour; 2021 Ejil Peer Reviewer Prize; Changes in the Masthead; Germany v Italy: Jurisdictional Immunities – Redux (and Redux and Redux); 10 Good Reads; Rabia Balkhi – The Legacy of a Med…
Perspektiven nach dem Ukrainekrieg: Europa auf dem Weg zu einer neuen Friedensordnung?
Der Krieg in der Ukraine hat alle Hoffnung zerstört, dass Europa keine bewaffneten Konflikte mehr erlebt. Wieder, wie nach dem Zweiten Weltkrieg und nach dem Fall des Eisernen Vorhangs, muss eine neue Friedensordnung gefunden werden. Dazu muss über die aktuelle militärische Lage im Ukrainekrieg hinaus gedacht werden. Die Autoren dieses Buches eint die Sorge um eine Verkürzung der aktuellen Debatten auf die militärische Logik und gleichzeitig eine…
Global Constitutionalism: History, Theory and Contemporary Challenges
Notwithstanding the political origins of constitutionalism in the west and the leading role played by the United States in the creation of the new global order after WWII, this origin of the global constitutional project does not undermine the claims to universality underlying it. After laying out a basic account of some core theoretical premises guiding global constitutionalism, the article presents a series of genealogical reflections, in which…
Political science (14 works) · Law (11 works) · Judicial and Constitutional Studies (10 works) · Constitutionalism (9 works) · Democracy (9 works) · Law (9 works) · Sociology (9 works) · Politics (8 works) · Law and economics (7 works) · Action (physics (6 works)