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The International Community And Its Constitution

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Chapter Summary

The constitution is supreme law binding on the entire community regardless of whether one of its members agrees with it or not. This chapter first presents two major arguments with which one could challenge the adoption of the constitutional idea by international law. Then, it examines the dichotomy between 'the international' and 'the constitutional'. To the extent that a constitution of the international community can be conceived, the dichotomy between 'the international' and 'the constitutional' is overcome. According to the author, in the international sphere there is an interaction and reciprocal strengthening of the two concepts of community and constitution, a dialectical relationship between the two which makes it futile to ask what has been, or must be, first. The chapter determines whether at present the community is shaped in a way which allows it to have a constitution, that is, whether the international community is a constitutional community.

Keywords: constitutional community; international law

10.1163/ej.9789004175105.i-216.15
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