ADVANTAGE AND IMPORTANCE OF THE INTERNATIONAL CONSTITUTION
International constitutional is the study of constitutions in general, and combines aspects of constitutional law, public international law and legal theory. It adds international and transnational treaties to constitutional law. In federal states, sub-national constitutions can also be identified. In this multi-level approach to constitutional law there are various relationships between constitutions (network of constitution law).
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Some constitutions (such as the constitution of the United Kingdom) are unmodified, but written in numerous fundamental Acts of a legislature, court cases or treaties.
Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights.
The Constitution of India is the longest written constitution of any sovereign country in the world, containing 444 articles in 22 parts, 12 schedules and 118 amendments, with 146,385 words in its English-language version, while the Constitution of Monaco is the shortest written constitution, containing 10 chapters with 97 articles, and a total of 3,814 words.
FUNCTION
• The constitution provides a set of basic rules that allow for minimal coordination amongst members of a society.
• It also lays out the fundamental principles according to which a state is constituted or governed.
• It specifies the basic allocation of power in a society, and gives certain decision making powers to the law makers.
• It specifies who has the power to make decisions in a society. It decides how the government will be constituted.
• Then, the constitution enables the government to fulfil the aspirations of the society and to implement the ideals of justice, liberty and fraternity. At the same time it sets some limits on what a government can impose on its citizens.
The international constitutional refers to norms of public international law with a constitutional character or function. Thus understood, international constitutional law can be divided into three broad subcategories: (1) fundamental norms which serve a constitutional function for the international legal system at large, (2) norms which serve as constitutions of international organizations or regimes, and (3) norms which have taken over or reinforce constitutional functions of domestic law. Already the fundamental rules of the Westphalian state system that allocate competences and delineate spheres of state jurisdiction could be referred to as constitutional law of the international legal order. Since then, new layers of constitutional law have been added in the course of a long-term process, changing international law from an interstate order into an order which is also committed to the international community and to the individual. These added contents of international law restrain free “state will” and strengthen the autonomy of international law vis-à-vis state sovereignty. Figuratively speaking, modern international law no longer is solely the product of state consent but has a constitution of its own. Still, compared to domestic constitutions, the participation of individuals, their status actives in international legal processes, is extremely underdeveloped. The constituent instruments of international organizations constitute a second category of international constitutional law. They establish international organizations as legal entities; define their purposes, powers, and fundamental principles; establish rules on the admission of new members; and set up special procedures and majority rules for amendment. A “constitutional” understanding of institutional law is ambivalent. On the one hand, this understanding characterizes founding treaties as “living instruments” and thereby justifies a dynamic interpretation of their powers. On the other hand, it may restrict the ambitions of international organizations in the light of human rights concerns or based on constitutional doctrines such as institutional balance or separation of powers. Finally, certain norms of international law may be qualified as constitutional because they function as a supplementary constitutional law in the domestic context. This is particularly obvious for international human rights law, which constrains state action that risks violating those norms. Also, beyond human rights, international law regulates domestic governance to an unprecedented extent. For example, it prescribes that new states can only come into being if they are organized in a democratic fashion. Some regard WTO law as a “second line of constitutional entrenchment” to grant economic freedoms of market actors. In general, some authors distinguish global constitutional law from international constitutional law by its inclusion of private law-making actors, while others use these terms interchangeably.
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