Article

The Constitutionalization of Public International Law

Erika De Wet

in The Oxford Handbook of Comparative Constitutional Law

Published in print May 2012 | ISBN: 9780199578610
Published online November 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199578610.013.0060

Series: Oxford Handbooks in Law

The Constitutionalization of Public International Law

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This article discusses the constitutionalization of international law, which can be summarized as an attempt to exercise legal control over politics within the international legal order itself, in order to compensate for the erosion of such control within domestic constitutional orders. In doing so, it attempts to translate to the international plane concepts that were traditionally reserved for domestic constitutions. Critics regard attempts to use concepts of domestic constitutionalism as a mechanism for controlling the international exercise of public power as over-ambitious. This argument is also fuelled by the lack of conceptual clarity in the debate pertaining to international constitutionalism and the controversies pertaining to the legitimacy of the value-laden hierarchy of norms in international law.

Keywords: constitutionalization; international law; international constitutional order; domestic constitution

Article.  12864 words. 

Subjects: Law ; Comparative Law ; Constitutional and Administrative Law ; International Law

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