US constitutional model solves best.

governmentality: Reconceptualizing the ‘rule of law’ as rule ‘through’ law," European Journal of

International Relations, vol. 18, no. 1, pg. 29-52, christian

Therefore, this article has sought to raise three key issues related to liberal advocacy for a global legal system. First, on the conceptual level, it has sought to challenge the imaginary line placed between global law and state power; to suggest that a move towards a global legal system is less likely to exorcize state power and more apt to (re) invent a politico-juridical regime which makes power more practicable because it can be construed as ‘legal’. Second, regarding judicial governance, this article has stressed an understanding of global adjudication beyond the simplicity of institutional topography towards an appreciation of the supreme constitutional rules required to ensure a genuine separation of powers for global governance. Third, with respect to governance policy, this article has suggested that the promotion of the Marbury ideal as the legal template for a global judicial order tempts political subversion because it neglects supreme constitutional rules which make the American constitutional schematic attractive. Consequently, the pretence of following the US constitutional ‘model’ at the ‘global’ level, minus its constitutional imperatives, promotes a formalistic approach to judicial authority that utilizes the productive power of the ‘rule of law’ topos to facilitate a practice of figurative political restraint.