The International Constitutional Law Approach: An Introduction to a New Perspective on Constitutional Challenges in a Globalizing World

Vienna Journal on International Constitutional Law, Vol. 1, February 2007

9 Pages Posted: 16 Feb 2008

See all articles by Konrad Lachmayer

Konrad Lachmayer

Sigmund Freud University, Faculty of Law

Abstract

The International Constitutional Law (ICL) Approach is about linking different systems of constitutional law regarding substantive and formal contemporary constitutional challenges within the network of constitutional law. The aim is to reach an analysis of these legal interrelations in the constitutional network (description) as well as to develop constitutional solutions to approaching constitutional challenges (prescription). This paper tries to explain this shift of perspective and provided justifications of the usefulness of it.

Two steps (preconditions) are necessary to understand the proposed approach. The first step within the ICL perspective, is to focus on the interrelations of domestic constitutional law, international law and European law.In a second step towards an ICL approach, the interpretation of the term constitution will change from a state-related definition towards a more open understanding of constitutional law.

Keywords: constitutional law, international law, European law, Comparative constitutional law

Suggested Citation

Lachmayer, Konrad, The International Constitutional Law Approach: An Introduction to a New Perspective on Constitutional Challenges in a Globalizing World. Vienna Journal on International Constitutional Law, Vol. 1, February 2007 , Available at SSRN: https://ssrn.com/abstract=1093347

Konrad Lachmayer (Contact Author)

Sigmund Freud University, Faculty of Law ( email )

Freudplatz 3
Vienna, 1020
Austria

HOME PAGE: http://www.lachmayer.eu

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