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The constitution in the process of denationalization

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Chapter Summary

The normative constitution came into being in 1776 on what was then the periphery of the western world, in North America. Thirteen years later, in 1789, it reached Europe. Unlike in France, in America the revolution was not preceded by state-building in the continental sense. Denationalization means that ruling authority is detached from the state and transferred to non-state bearers. International courts relativize the constitution to the extent that they do not stay within the traditional framework of international law and may only administer justice if parties submit themselves to judgment in a concrete case in advance. An important question is whether the constitution can be transferred to the international level. A constitutionalization of the EU was ascertained early on, and in the meantime a constitutionalization of international organizations like the WTO and the UN has been perceived as well. The need for juridification develops where political rule is exercised.

Keywords: American revolution; constitutionalized EU; denationalization; international court; juridification; normative constitution; political rule; state-building

10.1163/ej.9789004151741.i-391.83
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