NCCR - Conditions of Global Constitutionalisation...

The paper deals with the emergence of a global constitutional order. By a global constitutional order we mean globally effective norms of democratic political rights, civil liberties including rule of law, economic liberties and social rights. Under which conditions do nation states implement such norms of a global constitutional order? We demonstrate that modernisation – i.e. the process of increasing domestic resources – is the major driving force. International organisations and structures – such as WTO, UN or the demise of competitors to the model of Western democracy – seem to play a much less important role. There are some hints that they may have some effect; however quantitative analyses show that this effect is limited; it is statistically not robust and the causal processes between international law and organisations and constitutionalisation are more complicated than suggested by a normative jurisprudential argument.