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The Paradox of ConstitutionalismConstituent Power and Constitutional Form$
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Martin Loughlin and Neil Walker

Print publication date: 2008

Print ISBN-13: 9780199552207

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199552207.001.0001

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‘We the Peoples of the United Nations’ Constituent Power and Constitutional Form in International Law

‘We the Peoples of the United Nations’ Constituent Power and Constitutional Form in International Law

Chapter:
(p.269) 14 ‘We the Peoples of the United Nations’ Constituent Power and Constitutional Form in International Law
Source:
The Paradox of Constitutionalism
Author(s):

Bardo Fassbender

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199552207.003.0015

This chapter examines the general question of the relationship between constituent power and constitutional form in the general context of the international community. It first considers the emergence of ‘international constitutional law’ — the idea of an emerging constitutional law of the international community — and then specifically examines the case for the UN Charter being treated as such a constitution. Working on the assumption that the UN Charter can be treated as the constitution of the international community, the chapter gives sympathetic consideration to the idea that there is an equivalent to ‘the people’ as an authorizing agent in the international arena.

Keywords:   international community, international constitutional law, UN Charter, the people

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