Erika De Wet
This article discusses the constitutionalization of international law, which can be summarized as an attempt to exercise legal control over politics within the international legal order itself, in order to compensate for the erosion of such control within domestic constitutional orders. In doing so, it attempts to translate to the international plane concepts that were traditionally reserved for domestic constitutions. Critics regard attempts to use concepts of domestic constitutionalism as a mechanism for controlling the international exercise of public power as over-ambitious. This argument is also fuelled by the lack of conceptual clarity in the debate pertaining to international constitutionalism and the controversies pertaining to the legitimacy of the value-laden hierarchy of norms in international law.
Wen-Chen Chang and Jiunn‐Rong Yeh
This article focuses on the internationalization of constitutional law. It discusses major trends in the internationalization of constitutional law, including the incorporation of international human rights treaties into constitutions, convergence, and comparativism of national constitutions, and constitutional devolution or treaty-becoming constitutions. Next it makes inquiries into the driving forces that push the development of constitutions across and beyond their borders. It argues that the current internationalization of constitutional law results primarily from the expansion of a global market, the triumph of rights-based discourse, and, most importantly, the emergence of transnational networks by governments, non-governmental organizations, and technocrats or professionals.