Norms of constitutionalism in the international constitutionalisation debate
PhD ceremony: Ms. A.M. O’Donoghue, 14.30 uur, Academiegebouw, Broerstraat 5, Groningen
Dissertation: Norms of constitutionalism in the international constitutionalisation debate
Promotor(s): prof. M.M.T.A. Brus
Faculty: Law
The international constitutionalisation debate provides a coherent narrative to further understand international governance. Aoife O’Donoghue considers whether the international constitutionalisation debate is centred upon constitutional norms. She examines the role played by constitutionalism and considers whether it is incorporated to the extent necessary to assert that a process of international constitutionalisation is underway. The piece considers both constituted power as the legal basis on which authority is exercised and constituent power as the exercise of political power. The work questions whether in a constitutional system the holders of constituent and constituted power should be identifiable and follows this by considering whether their identification ensures that core concepts of a constitutional order, such as the rule of law, separation of powers and democratic legitimacy, function effectively. It is necessary to understand how the international constitutionalisation debate emerged, to illustrate its nature and the categories into which the international constitutionalisation debate has evolved as well as examining its relationship with constitutionalism. The work asks whether norms of constitutionalism such as the rule of law, the separation of powers and democratic legitimacy are core aspects of international constitutionalisation theories. International constitutionalisation provides a foundation to understand the context and detail of the international governance order as well as providing an understanding of the political, legal and social context in which constituent and constituted power holders interact. It may have to be accepted that international constitutionalisation may in fact not be or will never occur in the future. Yet, this in itself will better inform international law. Many of the theories behind international constitutionalisation could be improved by tackling the hard questions posed by constitutionalism.
Last modified: | 13 March 2020 12.58 a.m. |
More news
-
23 November 2023
Invitation to join the 'Applied AI' community
The remarkable progress in artificial intelligence (AI) is transcending boundaries and finding invaluable applications across diverse academic disciplines. Recognizing the transformative potential of AI, we are proud to introduce the new theme,...
-
13 October 2023
Moniek Tromp appointed Captain of Science of the Top Sector Chemistry
Prof. Moniek Tromp has been appointed Captain of Science of the Chemistry Top Sector by the Minister of Economic Affairs and Climate Policy. As from 1 July 2023, she succeeded Prof. Bert Weckhuysen from Utrecht University.
-
12 September 2023
Art in times of AI
Leonardo Arriagada Beltran conducted his PhD research on the interface of computer-generated art and the constantly evolving field of Artificial Intelligence (AI). He will defend his Phd thesis on 21 September. His research offers valuable insights...