The emergence of international constitutional law


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Title The emergence of international constitutional law
Period 01 / 2002 - 01 / 2004
Status Completed
Research number OND1293657
Data Supplier Website ACIL


This sub-project, which is closely related to 'Theoretical perspectives on the divide between international law and national law' ((nr.1293656 (red.)), explores the implications of the constitutional changes taking place in the international legal order for the relationship between national and international law. If one accepts constitutionalism as a theory whose central focus is the problem of the relationship between the source of the authority of political power and the practical control of its exercise, it is fair to say that the end of the twentieth century has been marked by an increasing number of constitutional tendencies in the international legal order. These include, inter alia, the emergence of an international constituency in the form of the international community, the recognition of a community value system, the emergence of a hierarchy in international law, as well as the increasing recognition of the principle of good governance in international law. It has been said that these developments have replaced the dualism that characterized classic international law by a system where individuals and other subjects function both in the national and the international legal order. This, in turn, has lead to a certain level of integration between these traditionally separated legal orders. The current sub-project will examine the accuracy of this proposition.

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Researcher Prof.dr. E. de Wet
Project leader P.A. Nollkaemper


D41600 International law

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