Constitutionalisation

Abstract

This paper shows that the constitutionalisation of and within international law is a fragmented process which moreover engages domestic constitutional law. It is not bringing about a ‘super-constitution’ over and above domestic law and all international subfields. After clarifying the key terms, notably constitutionalisation, constitutionalism, and constitutional law, it explains the sectoral constitutionalisation of various international organisations and the constitutionalisation of the private (economic) realm. It concludes that we find (only) constitutional fragments.

Keywords: Constitutionalisation, fragmentation, constitutionalism, constitutional law, internationalization, globalisation, international organisations, public/private split, United Nations, European Union, World Trade Organisation, pluralism