Uluslararası Hukukun Anayasalaşması

Abstract

Constitutionalism, which means value laden constitution, had been increasingly discussed in literature in parallel with the universalization of human rights particularly since the late in 20th century. In the light of constitutionalizm and constitutionalization, the concept of constitution has no longer been used formally for nation state constitutions and has been redefined in parallel with the developments in the world. In the meantime, debates on internationalization of constitutional law and constitutionalization of international law have been evident.

Although the origin of the concept of constitutionalization of international law first put forward by cosmopolitan thinkers goes back to the Cynics, the constitutionalization of international law in the modern international legal order has emerged in parallel with the changing world order after the Second World War. Contrary to the idea of cosmopolitan thinkers, as a world constitution that legitimizes the idea of a single sovereign world power, the constitutionalization of international law in modern sense emphasizes the constitutional nature of the international agreements and jus cogens rules dispersed in international law. As opposed to the debates on the constitutionalization of international law, it is argued that there cannot be a constitution of international law and that such a constitution will be far from legitimate.