Encyclopaedia of International Law, Judicial and Legal Systems of the World (Theory And Practice In International) (eBook, ePUB)
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international lawyers have often construed international constitutionalism as an offspring of the institutionalization of international law. An international constitutionalism would be able to draw the conclusion from the increasing institutionalization of the international realm by applying principles known from domestic constitutional law to the international system, resulting in a universal Kantian "state of law," away from the "state of nature" or anarchy of international relations. In the same vein in which a constitution unifies the domestic polity in one legal superstructure, a develope...
international lawyers have often construed international constitutionalism as an offspring of the institutionalization of international law. An international constitutionalism would be able to draw the conclusion from the increasing institutionalization of the international realm by applying principles known from domestic constitutional law to the international system, resulting in a universal Kantian "state of law," away from the "state of nature" or anarchy of international relations. In the same vein in which a constitution unifies the domestic polity in one legal superstructure, a developed, institutional reading of international law would unify the international community in one coherent constitutional structure. Today, this institutionalism reading of international law has fallen prey, in a certain regard, to its own success. While an increasing institutionalization and organization of international organization can hardly be doubted, the general impression is one of fragmentation rather than constitutionalization of the international legal system. in other words, the diverse and divergent institutions fail to come under a single scheme; rather, the systemic character of international law seems threatened by a multiplicity of international r6gimes without obvious coherence. The volumes contains legal systems of foreign countries and their constitutions and constitutional courts.
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