Constitutionalization
The term constitutionalization describes the creation of a constitution in international law . The constitution does not have to be a formal document. It is sufficient that the treaties of an international legal order contain material elements of a constitution. Since constitutionalization is a process, it is sufficient if only some of the material constitutional content is weak. Examples of international legal systems that can be referred to as constitutionalization are the legal systems of the WTO and the EU . Despite the failure of the EU constitutional treaty, the EU is constitutionalized to a greater extent than the WTO. In contrast to constitutional law , constitutionalization in international law can also go hand in hand without the formation of a state. In German usage, the word constitutionalization was first used in 1956 by the Federal Constitutional Court .
Individual evidence
- ^ Critical: Grimm: In: JuristenZeitung , 1995, pp. 581–591.
- ^ Krajewski: Constitutional perspectives and legitimation of the law of the World Trade Organization (WTO). 1st edition, Berlin 2001.
- ↑ Asbach, Olaf: Constitution and Democracy in the European Union - On the criticism of the debate about a constitutionalization of Europe. In: Leviathan - Journal for Social Science , 2002, pp. 266–297.
- ↑ Stern : On the concept of the constitution in constitutional law. In: Staatsrecht , Volume I, p. 78; Isensee: In: Handbuch des Staatsrechts , § 15, Rn. 1 ff.
- ↑ Federal Constitutional Court decisions . Volume 5, p. 85 ( 388 ).