This chapter argues that not only is constitutionalization descriptively inappropriate, it is also normatively undesirable. This position, termed the anti-constitutionalization critique, contends that constitutionalization contracts the capacity of states to decide matters of national interest; is weakly deliberative in form; emphasizes economic goals at the expense of other values; ignores the important contributions of private law to any constitution rules for international economic order; and is self-legitimating.
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