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Home arrow Research Projects arrow IP1 - Constitutionalism arrow Project Description
Project Description Print

The central premise of IP1 is that a continuous process of "constitutionalisation" is taking place internationally. While the ability of individual governments to regulate transboundary problems on their own tends to be weakened by globalisation, international institutions and mutual commitments have proliferated. There is a need for insight and recommendations on how the decline of unilateral regulatory authority is to be compensated for. The emergence of multilayered governance and the convergence towards a quasi-constitutional order suggest themselves as platforms of enquiry.
IP1 will address three questions.

  • What does constitutionalisation entail for states, their citizens and international governance?
  • How, if at all, could it be steered to promote the delivery of global public goods and the soun management of transboundary problems?
  • How does the WTO position itself in this context?

The answers to these questions are expected to be both descriptive and prescriptive, combining scholarship from international law and political science to provide a holistic account.
The approach of IP1 will be to formulate a model of transnational constitutionalism with high explanatory power. To this effect it will:

  • evaluate developments currently associated with transnational constitutionalism by distinguishing between "constitutionalist" and "anti-constitutionalist" trends;
  • assess the policy benefits as well as the negative effects of constitutionalisation; and
  • apply and test the model against the concrete findings of the other NCCR projects being undertaken. 
Focus of individual researchers

  • Klaus Armingeon and Karolina Milewicz
    Efficiency of international constitutionalisation for the protection of the individual and the delivery of public goods; extent of global constitutionalism in the fields of social and economic policy; comparison between ILO and WTO regulations; differences and similarities in the importance of international sets of rules to the individual.

  • Anne Peters
    Demise and rise of the individual; the role of non-state actors; deficiencies in democracy, the rule of law, transparency and applicability; the globalisation of domestic constitutions.

  • Nikolas Stürchler
    The evolution of constitutional systems, particularly in transitional polities (national and international); design of self-enforcing legal mechanisms; history of constitutionalism; implications for constitutional law; policies for multilayered governance.

  • Egle Svilpaite
    Law-making by non-state actors as an alternative to state-made law, with a focus on: law-making powers and limits, legitimacy concerns, contributions to the constitutionalisation of international law in general, and the interplay between legal regimes.

SNF - Swiss National Science Foundation The National Centres of Competence in Research are a research instrument of the Swiss National Science Foundation