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International "Constitutions" And Comparative Constitutional Law, Michael Da Silva

Notre Dame Journal of International & Comparative Law

Many legal scholars and jurists see a particular document or a collection of documents as a means of constitutionalizing international law. The Charter of the United Nations is a prime example. Based on this, comparisons are made between international law and domestic constitutional orders, and these comparisons are sometimes used to decide cases. However, there is reason to question whether the international legal order has enough features of domestic constitutional orders to justify judicial comparison between the international legal order and domestic constitutional orders. The ongoing constitutionalization process is unlikely to produce an international legal order with sufficiently similar features …