chapter  2
22 Pages

Constitutionalism and the law

Evaluating the Security Council
WithAnthony F. Lang

This chapter evaluates this development in relation to the concept of constitutionalism. Constitutionalism is a political ideology that arises from a broadly conceived liberal political tradition. The chapter defines constitutionalism and its newly emerging cousin, global constitutionalism. It also explores the one largely absent from the practices of the Security Council, and more broadly the global constitutionalism literature. Constitutionalism is a political theory that protects individuals from arbitrary exercise of power through the rule of law and a separation of powers. A constitution can be written that does not embody the principles of constitutionalism. This theoretical debate about global constitutionalism by focusing on an institution that sits at the intersection of international law and politics. Constituent power as an idea arose more from the French Revolution, through the writings of Abbe de Sieyes, who drew upon the ideas of Rousseau.