Global Constitutionalism

Abstract

Abstract Global constitutionalism comprises different strands of thought most of which read (or reconstruct) some features of the status quo of global law and governance as “constitutional” and even “constitutionalist” (positive analysis), and which also seek to provide arguments for their further development in a specific direction (normative analysis). Constitutionalism claims that the principles of the rule of law, a separation of powers, fundamental rights protection, democracy, and solidarity, together with institutions and mechanisms securing and implementing these principles, are (comparatively) well suited to safeguard and promote as much as possible the well‐being of natural persons not only as atomized individuals but also in their group relationships. The claim of probably all types of global constitutionalism is that the respective principles, institutions, and mechanisms can and should be used as parameters to inspire strategies for the improvement of the legitimacy of an international legal order and institutions without asking for a world state.

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