Chapter

‘We the Peoples of the United Nations’ Constituent Power and Constitutional Form in International Law

Bardo Fassbender

in The Paradox of Constitutionalism

Published in print August 2008 | ISBN: 9780199552207
Published online January 2009 | e-ISBN: 9780191709654 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199552207.003.0015
 ‘We the Peoples of the United Nations’ Constituent Power and Constitutional Form in International Law

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This chapter examines the general question of the relationship between constituent power and constitutional form in the general context of the international community. It first considers the emergence of ‘international constitutional law’ — the idea of an emerging constitutional law of the international community — and then specifically examines the case for the UN Charter being treated as such a constitution. Working on the assumption that the UN Charter can be treated as the constitution of the international community, the chapter gives sympathetic consideration to the idea that there is an equivalent to ‘the people’ as an authorizing agent in the international arena.

Keywords: international community; international constitutional law; UN Charter; the people

Chapter.  11914 words. 

Subjects: Jurisprudence and Philosophy of Law

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