Chapter

Elements of Constitutionalization<sup>†</sup>

Frank Schorkopf and Christian Walter

in Comparative Law as Transnational Law

Published in print December 2011 | ISBN: 9780199795208
Published online January 2012 | e-ISBN: 9780199919307 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199795208.003.0023
Elements of Constitutionalization†

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Both internationalists and national constitutionalists are currently reflecting on changes in the basic structures of public law. From a national perspective, the process of globalization calls into question the hitherto generally accepted view of constitutional law as the top of the pyramid of norms. In international law, the development of subject-oriented régimes has led to a proliferation of international courts and other bodies entrusted with the resolution of disputes. This trend poses a risk of fragmentation that contrasts with the concurrent discovery of processes of constitutionalization in international law. Starting with the functions of the constitution in national law, this chapter first develops elements of constitutionalization in international law in general. The identified problems are then elaborated upon in more detail with respect to the law of the World Trade Organization.

Keywords: public law; international law; globalization; World Trade Organization; constitutionalization; constitution; national law

Chapter.  6696 words. 

Subjects: Public International Law

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