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ID:
148774
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| Summary/Abstract |
Today, concepts of constitutionalism are widely used in international legal scholarship, both to describe and to promote changes in the international legal order in support of the rule of law, the protection of human rights and other common values of the international community. Against this background, the present article deals with a question so far addressed only cursorily—the “writtenness” of international constitutional law. Can we assume the existence of an “unwritten” international constitution, or does the very concept of a constitution in the modern sense require that a constitution is laid down in written form? The article discusses the importance of “writtenness” in modern constitutionalism and addresses the “English exception”, that is the absence, in the United Kingdom, of a document called “the constitution”. The paper concludes with a plea for taking the constitutional character of the UN Charter more seriously, arguing that the idea of an unwritten constitution of the international community does not provide a viable alternative.
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| 2 |
ID:
170420
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| Summary/Abstract |
The paper argues that digitalization primarily presents a methodological challenge for international legal scholarship. Three developments are relevant in this context: the datafication of law, computerized information retrieval, and the differentiation of legal knowledge. International legal scholarship has benefited from treating legal texts, legal relationships as well as legal interactions and decision-making “as data”. Typically, quantitative methods used on this data include text mining, network analysis, cluster analysis, and regression analysis. While data-driven scholarship cannot replace a hermeneutic approach to international law, it is likely to change the dimensionality of legal research, require adaptations of the law school curriculum, and enhance the interdisciplinary connectivity of international legal scholarship.
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