CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA - 800001

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF THE

COURSE TITLED –B.A. LLB (Hons.)

PUBLIC INTERNATIONAL LAW

On the Topic
GLOBAL CONSTITUIONALISM

SUBMITTED TO: - SUBMITTED BY: -

MRS. SUGANDHA SINHA
FACULTY OF INTERNATIONAL LAW
NAME: KARAN SINGH RAUTELA
SEMESTER: V
ROLL NO.: 1736
COURSE: B.A. LLB (HONS.)
SESSION: (2017-2022)
 INTRODUCTION

Global constitutionalism is a scholarly discourse which diagnoses and/or reclaims that the
norms and institutions of global governance follow and respect principles of constitutionalism.
These comprise the rule of law, separation of powers/checks and balances, protection of human
rights, democracy, and solidarity. But when transposed to the international level, both the
constitutionalist principles and their modes of implementation have been and must to some
extent be modified.

“Constitutionalization” of (or rather: within) international law is the label for the evolution of
an international order based on some organizing principles such as state sovereignty and
consensualism to an international legal order which acknowledges and has creatively
appropriated principles and values of constitutionalism as mentioned above. The agents of the
(putative) process of constitutionalization are the international law-makers as political actors,
courts, and also academics.

“Global” in this context is a signifier for three aspects: First, it denotes the geographical spread
of the political-legal institution called constitution and of the agenda of constitutionalism.
Second, it marks the resonance of this institution and agenda in international law. Third,
constitutionalism may be duly called “global” only when it asks law-makers and governance-
designers to take into account interests and needs of humans in different cultural and economic
contexts all over the globe.

Global constitutionalism as a discourse necessarily refers to multiple levels of governance; it

relates both to state constitutions and to international constitutional law. In the course of
constitutionalization, processes of norm migration, cross-fertilization, harmonization, and
hybridization occur in many directions, both “vertically” (among the levels of national law and
international law) and “horizontally” (among national constitutions).

Within international law, the scattered legal texts together with the case-law might form a body
of international constitutional law which is a specific subset of the international legal order,
and which has a particular normative status. This body is not united in one single document
called world constitution. International constitutional law refers to international norms with a
constitutional function. Thus understood, international constitutional law can be divided into
three broad sub-categories: (1) fundamental norms which serve as a constitutional function for
the international legal system at large, (2) norms which serve as constitutions of international

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organizations or regimes (sectorial constitutions), and (3) norms which have taken over or
reinforce constitutional functions of domestic law. International (or global) constitutional law
might be said to complement global administrative law.

AIMS AND OBJECTIVES

 To analyse the status quo of global constitutionalism.

 To describe elements which can be plausibly constructed as constitutional.
 To assess quality of specific international phenomena.
 To sketch out the principles which would lead to realize the better objectives of
constitutionalism.

HYPOTHESIS

The researcher has presumed:

 that global constitutionalism is helpful because it provokes the pressing questions on

the legitimacy of global governance.
 that global constitutionalism deploys constructive critical potential.

RESEARCH METHODOLOGY
In this project Doctrinal Method will be used. Doctrinal Methods refer to Library research,
research or processes done upon some text’s writings or Documents, legal propositions and
Doctrines, Articles, Books as well as Online Research and Journals relating to the subject.

LIMITATIONS OF THE STUDY:

There are various hindrances which can be faced by the researcher during the formation of this
project such as scarcity of time, expensive legal materials for various research works, research
done by an individual.

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TENTATIVE CHAPTERIZATION

1. Introduction: The meaning of Global Constitutionalism.

2. Defining Global Constitutionalism.
3. Global Constitutionalism as Interpreting Device.
4. The Problem and Promise of Global Constitutionalism.
5. Conclusion and Suggestion.

BIBLIOGRAPHY

 JSTOR.
 Academia Education.
 Research Gate.
 Live Law.