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
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
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