Towards the Establishment of an International Constitutional Court
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Laith K Nasrawin
Abstract
This article comprehensively examines the 1999 recommendation of the Tunisian government to create an International Constitutional Court that is designed to enhance the principles of democracy and human rights and to strengthen the constitutional doctrine which states that the people are the source of authority in a given country. This proposal, which was strongly advocated by former Tunisian President Mohamed Moncef Marzouki during his term in office, aims to underscore the importance of establishing an international judicial entity and analysing its bylaws with respect to its terms and conditions, formation, jurisdiction and selection of judges. The article traces the trajectory of the movement, from the proposal stage to the latest developments in formally establishing the international judicial entity. Finally, the article identifies various possible difficulties and challenges that are likely to stand in the way of implementing the proposal.
© 2017 by Walter de Gruyter Berlin/Boston
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- Titelei
- Table of Contents
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- Two Faces of Self-determination in Political Divorce
- Notes & Essays
- Towards the Establishment of an International Constitutional Court
- Constitutionality of the Agreement between the Foreign Affairs Ministers of the Republic of Korea and Japan on the Issue of ‘Comfort Women’ on 28 December 2015
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- Special Topic: Establishment and Unconstitutionality of Political Parties
- Developments CEE
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Articles in the same Issue
- Titelei
- Table of Contents
- Articles
- Two Faces of Self-determination in Political Divorce
- Notes & Essays
- Towards the Establishment of an International Constitutional Court
- Constitutionality of the Agreement between the Foreign Affairs Ministers of the Republic of Korea and Japan on the Issue of ‘Comfort Women’ on 28 December 2015
- All Voters are Equal but...
- Developments Austria
- Special Topic: Establishment and Unconstitutionality of Political Parties
- Developments CEE
- Special Topic: Procedural Rules and Practices Grounding the Decisions of the Constitutional Court of Romania
- Georgian Constitutional Court: The System of Legal Capacity of Natural Persons and its Impact upon the Georgian Legislation
