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Progress in International Organization: a Constitutionalist Reading

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Chapter Summary

Harvard Professor Manley O. Hudson's book Progress in International Organization was, in many ways, audacious and visionary. His idea of an &t;international government&t;comes pretty close to the concept of &t;international governance&t; popular in today's scholarly discourse. The problem of how to establish democratic structure for a system of international governance is certainly the most difficult issue in current debate on the constitutionalization of the international order. The most important difference between national constitutions and the claimed constitutionalization of international law lies in the structure of the object that is to be constituted. In national constitutional law this object has several characteristics, the most important of which is that the state purports to exercise public power within territorial limits but without restrictions as to possible subject matters of regulation. The first important difference with respect to a document like the UN Charter concerns the members of the community that is constituted.

Keywords: constitutionalization; international law; International Organization; national constitutional law



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