Book contents
- The Cambridge Handbook of Constitutional Theory
- The Cambridge Handbook of Constitutional Theory
- Copyright page
- Contents
- Figures
- Contributors
- Frontispiece
- Preface and Acknowledgements
- 1 Introduction
- Part I Values
- Part II Modalities
- Part III Institutions
- Part III. A The State
- Part III. B The Executive
- Part III. C The Democratic System
- Part III D The Legal System
- Part III E The Global System
- 53 Global and National Constitutionalism
- 54 Regional Integration
- 55 International Organisations
- Part IV Challenges for Constitutional Democracy
- Bibliography
- Index
- References
55 - International Organisations
from Part III E - The Global System
Published online by Cambridge University Press: 27 March 2025
- The Cambridge Handbook of Constitutional Theory
- The Cambridge Handbook of Constitutional Theory
- Copyright page
- Contents
- Figures
- Contributors
- Frontispiece
- Preface and Acknowledgements
- 1 Introduction
- Part I Values
- Part II Modalities
- Part III Institutions
- Part III. A The State
- Part III. B The Executive
- Part III. C The Democratic System
- Part III D The Legal System
- Part III E The Global System
- 53 Global and National Constitutionalism
- 54 Regional Integration
- 55 International Organisations
- Part IV Challenges for Constitutional Democracy
- Bibliography
- Index
- References
Summary
The chapter recharacterises the founding instrument of international organisations as constitutions. They function as a legal basis for the organisation, they contain provisions about the mission of the organisation, about the organs/bodies and their competences, and regulate the relationship between the organisation and those who are legally subjected to it. It traces two waves of theories which have espoused different conceptions of constitution: The first wave revolved around the “small c-constitution” in the more neutral sense. The second wave postulated constitutions “with a capital C” that enshrine the constitutionalist trinity: rule of law, human rights, and democracy. In the current constellation of a global shift of power and ideology, a third theory for constitutions of international organisations, more responsive to the global social question and to the demands of the global south, is emerging. This third theory deserves to be pulled out into the light and should be fleshed out further. It should, on the one hand, not fall back on the small-c constitution and, on the other hand, take on board new principles, notably social transnational solidarity and contestatory democracy. This intellectual contribution can provide a basis for responses to the current pushbacks against international organisations.
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- The Cambridge Handbook of Constitutional Theory , pp. 974 - 994Publisher: Cambridge University PressPrint publication year: 2025