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Promoting Peace Through International Law$
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Cecilia Marcela Bailliet and Kjetil Mujezinovic Larsen

Print publication date: 2015

Print ISBN-13: 9780198722731

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198722731.001.0001

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The Constitutional Dimension of Peace

The Constitutional Dimension of Peace

(p.395) 19 The Constitutional Dimension of Peace
Promoting Peace Through International Law

Azin Tadjdini

Oxford University Press

In addressing the constitutional dimension of peace, this chapter begins with the Kantian theory on constitutions as a prerequisite for peace. Having established the significant role of constitutional law in this regard, the chapter continues with an analysis of peace-promoting and peace-threatening features in contemporary and past constitutions, including the features of so-called peace constitutions. If we agree that the aim of peace is respect for each human being we can more easily identify constitutional features that are detrimental to peace, as these features will not see each human being as an end in itself, thus undermining human dignity. The chapter considers particularly three features: comprehensive doctrines, weak protection of human rights, and the lack of control mechanisms for impositions by the state such as lack of judicial review and misuse of enforcement and emergency powers. A human-centric rather than state- or sovereign-centric constitution will in this regard be more peace-promoting.

Keywords:   constitutional law, human dignity, comprehensive doctrines, peace constitutions, enforcement, emergency powers, judicial review

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