Skip to main content

Research Repository

Advanced Search

International Constitutionalism and the State

O'Donoghue, Aoife

International Constitutionalism and the State Thumbnail


Authors

Aoife O'Donoghue



Abstract

International constitutionalization presents a challenge to the traditional international legal order and particularly the role of the state. The state is currently in a period of flux within international law. Constitutionalization presents one possible future understanding of the role of the state in international governance. Arguably, for a process of constitutionalization to occur some core norms of constitutionalism must be present. Two norms of constitutionalism, the separation of powers and democratic legitimacy, present particular difficulties for the role of the state in current international law. As long as state’s actions as part of an international constitutional order remain unresolved, the process of constitutionalization itself cannot said to be complete or indeed legitimate.

Citation

O'Donoghue, A. (2013). International Constitutionalism and the State. International Journal of Constitutional Law, 11(4), 1021-1045. https://doi.org/10.1093/icon/mot048

Journal Article Type Article
Publication Date Oct 1, 2013
Deposit Date Nov 15, 2012
Publicly Available Date Mar 29, 2024
Journal International Journal of Constitutional Law
Print ISSN 1474-2640
Electronic ISSN 1474-2659
Publisher New York University
Peer Reviewed Peer Reviewed
Volume 11
Issue 4
Pages 1021-1045
DOI https://doi.org/10.1093/icon/mot048

Files

Accepted Journal Article (643 Kb)
PDF

Copyright Statement
This is a pre-copyedited, author-produced PDF of an article accepted for publication in International Journal of Constitutional Law following peer review. The version of record O'Donoghue, Aoife (2013) 'International constitutionalism and the state.', International journal of constitutional law., 11 (4): 1021-1045 is available online at: http://dx.doi.org/10.1093/icon/mot048.





You might also like



Downloadable Citations