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L'internationalisation des Constitutions des Etats en crise : réflexions sur les rapports entre Droit international et Droit constitutionnel

Abstract : While the internal and institutional crises of some states has resulted in the occurence of internationalization of Constitutions, very few comprehensive studies have been undertaken on the subject. Previous studies did not take into account the framework of relationships between legal orders, but rather considered the phenomenon as cyclical and factual. Furthemore, the analyses ignored the current debate concerning restructuring of the international legal order in relation around the ideas of globalization and the emergence of a universal legal order. In order to fill this doctrinal and theoretical vacuum, this thesis aims to identify a specific meaning surrounding the internationalization of Constitutions of States in crisis particularly regarding its relationship to the international legal order. By systematizing the nature and modalities of this internationalization, the thesis first highlights the intense permeability of Constitutions of States in crisis in relation to international legal order and its norms, discernable in both the drafting processes and contents. Comparing this, with international law, we notice that while internationalization of constitutions is based on the norms and principles of the traditional relationship between the international and domestics orders, by combining the States? consent and United Nations Charter Chapter VII, we observe that it, curiously, does not fall under either of the two traditional paradigms: monism or dualism. Rather, a new reading of these theories is brought about placed between complementarity and coordination. This results in a gradual evolution of international legal order function, wich does not, however, deeply modify its intrinsic nature.
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Kévin Ferdinand Ndjimba. L'internationalisation des Constitutions des Etats en crise : réflexions sur les rapports entre Droit international et Droit constitutionnel. Droit. Université Nancy 2, 2011. Français. ⟨NNT : 2011NAN20003⟩. ⟨tel-01752970⟩



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