نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
One of the significant achievements of mankind in the second millennium is the Constitution and its various implications. Today, with the expansion of legal systems, both domestically and internationally, the need to limit power in order to safeguard rights and freedoms has become more visible. On the other hand, globalization and its consequences, which are discussed in detail in this article, is one of the cases that requires the need for constitutionalism in the international arena, in order to create a single political Constitution and a coherent basic legal order, for the international community. Global constitutionalism is the identification and support of constitutional principles and in its functional field, global constitutionalization is the gradual emergence of these principles in the field of international law. In fact, the constitutionalization process is an extension of the idea of constitutionalism; The process that links the rules and structures of the Constitution to the other matters that apparently have no relation to the rights and the Constitution, and as a result, the constitutional rights enter into international institutions. In this article, recruiting a descriptive-analytical approach, we will explore what and how this thought and process has been viewed in the international arena, and we will examine the approach of international and constitutional jurists in this regard, the challenges, limitations, and its necessity. The main research question is whether it is necessary to observe constitutionalism in the international arena or not? The basic premise of the research is that constitutionalism leads to the order of world community and curbing its challenges. In this article, recruiting a descriptive-analytical approach and using mainly non-Iranian sources, this modern topic, which has no similar publication in the Iranian journals, has been addressed. Findings confirm the unfeasibility of establishing global governance or the establishment of global government in the current era.
کلیدواژهها English