Standard Constitution in International Law - Research Proposal Example

The Standard constitution in international law Introduction Constitution of international law determines the relationship between different entities in a state and the country relation’s with other nations. The constitution can comprise of many kinds of law like conventions, customary law, statutory law and international law. It is often observed that in case of political unrest or chaos, the political authority of a country goes absent. As per Davies (2014) “As a stick with which to defend oneself against government people, the Constitution is a lot better than nothing”. In case of absence of legitimate authority during civil war or protest the solidarity, harmony and human rights of a country are highly at stake. (thesis). Generally, every nation has constitutional law which can be of primary and secondary nature. As per HG ( 2014) “Constitutional law deals with the fundamental principles by which the government exercises its authority”. The primary law need to apply to all of the country’s constitution whereas the secondary constitutional law may or may not be applied by a nation. The constitutional law has an aim of improving the life’s of its citizen by promoting freedom and equality. The allocation o f power and individual rights for the betterment of a nation is the purpose of constitutional law. This would allow the country to be more economic and trade friendly, fair and justifiable. According to Balkin (1998) “Alternatively, the history of constitutional law is taught as the history of great jurists who show the rest of us the way through their wisdom or their folly”. A correct constitutional theory can get the best out of the constitutional law which gives more outcomes and reflect an ideal national value. The theory of constitutional law has a goal of satisfy the requirement of law, preserving fairness and democracy and promote justice. One of the theory of constitution law is originals where original understanding in regard to the language used in the formulation of constitutional law. As per Fish (2008) “Seeking the best interpretation of the Constitution, on the other hand, is seeking the interpretation that satisfies some extra-authorial standard which are morally and philosophically best”. Positivism is a theory that means that the constitutional law of a country need to look at the values and rights it promotes. The prosperity and integrity of the public needs to be considered at large when it comes to the constitution of international law. As per (Hart) “One of these thinkers, Gustav Rad- bruch, had himself shared the "positivist" doctrine until the Nazi tyranny, where one need to discard the doctrine of the separation of law and morals has the special poignancy of a recantation”.The features of the constitution need to be in an order and need to consider factors like human right requirements, international customs and values and integrity. In modern constitutions, there should be harmonized layout of laws which can look at multicultural value of people and their rights. As per Green (2003) But a complete theory of law must strive to determine what is necessarily true of law, including law’s relations to other phenomenaIt is a fact that in case of political unrest or revolutionary movements many nations lose their course of action .So there need to be improvement in modern constitutions to suit the demands of the modern globalized world. There must be an international law to improve condition in the arena of trade, social justice, and liberty and women rights in case of emergencies. Many countries need to revise their constitutional to include more authority in times of distress. As per, Kingsley (2014) “At a national level, wholesale political change is now impossible because of conditions placed on the post-2011 political transition by other countries in the Gulf”. Many nations need to consider the law requirement laid down by international treaties when improving their constitution of their domestic law. The solution should come from international bodies which can be highly beneficial as it is a positive attitude towards the maintenance of order in state during distress. Some countries like Syria need a legal mechanism and set of rules which can improve the obligation and responsibilities of the authorities in times of chaos. As per, Merchantaf (2011) “The current head of State is Bashar al-Assad who has been the President since July 10, 2000. He was re-elected for a new 7-year term in a public referendum conducted on May 17, 2007” Many countries in Middle East do not have a good domestic constitution and face difficulties in emergency situation. According to, Matias (2008) “As Egypts transition proceeds, the United States urges the interim Egyptian government to fully implement those rights and freedoms that are guaranteed in the new constitution for the benefit of the Egyptian people, and to take steps toward reconciliation.". This means there should be change in constitution to showcase adaptability, amicability and freedom. According to, Mellon (2014 ) “The political turmoil that has spread across the Middle East since the fall of the Tunisian government, engulfing Syria, Yemen, Bahrain and Libya, continues to cast a shadow over the global economy”. Since globalization there has been a demand for a more strategically constitution of law as the world has become a more compact space to live in. According to, Globalization 101(2014) “This current wave of globalization has been driven by policies that have opened economies domestically and internationally “.We can see that considering globalization, many nations have a weak and vulnerable constitutional law which lack to reinforce values like human rights, freedom and international relationship. So there is lot of demand from nations on global level as countries need to interact and relate more with people on domestic and international ground. Globalization has also increased the risk of terrorism which has brought on a demand to revise the constitution law to promote a fair community on a worldwide basis. A constitutional needs settlement to manage the transitional justice and control the country until achieving the election and having a parliament. In adverse circumstances, there should be a solution which can help these countries in the transitional justice and ruling the country. Globalization means having more relaxed laws to accommodate the cultural values and rights of people from an international perspective. The international justice, universal jurisdiction, international trade laws needs to be kept in mind while formulation a constitutional law of a nation. As per, Amnesty International (2014 ) “Campaigning for an effective system of international justice to ensure justice, truth and full reparations for crimes under international law: genocide, crimes against humanity, war crimes, torture, extrajudicial executions and enforced disappearances”.Globalisation has changed the way the world operate and constitution of laws need to flexible and update according the new perspective of global values. Unlike in the past, one can argue that international law, and norms created in the international arena, have a bearing today on almost every legal field – from human rights law to intellectual property rights, trade, taxation, labor, environmental law, criminal law, government procurement, governance, even rules of conduct for the judiciary, and more. One country which comes in to mind is Syria which has raised international fears due to inadequate constitution of laws. The country has failed to take a harmonized perspective when it came to the recent chaos and political unrest happened in the country. The country had been under controversy for the recent attack on citizen where poisonous gas which killed thousands of people. This has violated the international human rights, integrity and human values. Such a country is necessarily invoking fear and concerns among its international counterparts. They do not showcase a minimum human right when numerous innocent people were killed due to the biased standards of the government. As per, Holler (2013) “That Syrias use of chemical weapons violated international law has been a major argument in favour of US intervention–and echoed in the media”. Solutions for a standardized constitutional law a) The analysis of nature of constitution - Is the standard constitution of law work against or for the safety and security of its citizen. Does it invoke fear and sarcasm among international counterparts? The law need to be practical and should ensure maximum harmony, freedom and security for its citizens. b) Mechanism of constitution- Can the constitution be altered, expanded or renewed if the situation demands. According to, Madhuku,( 2009) “People must find a mechanism to write their Constitution directly”. c) Adopting laws- That is the suggested classification of the rules within the presented constitution (mandatory that all countries have to adopt in their current constitutions-maybe within a specific period of time after involving in the treaty of after adopting the presented constitution by the UN, and rules of standing by that only applicable when the constitution is applied in countries that described in the problem. d) Main rights obligation - Main rights and obligations that may be included in the mandatory rules need to be listed. As per, Roland (2012) “The classic definition of "natural rights" are "life, liberty, and property", but these need to be expanded somewhat. They are rights of "personhood", not "citizenship”. e) Legitimate authority - The examples of the rules that may be included within the "stand by" rules which probably must describe the road map for the country until having a legitimated elected authority need to be advised. f) Module constitution - Clarification of the suggested name for that constitution which might be (the module constitution) or the (the standard constitution) . Conclusion Constitution of law is a crucial issue which has a huge impact on the governance of a nation and its relation with other countries and international organisation. The standard constitution of law demands certain features which promote solidarity and unity among citizens. The minimum human right law and justice need to be adhered by a nation to make it a comprehensive constitution to law. The international law can be harmonious if it takes into consideration many factors like international culture, globalization and human values. There are theories which suggest features needed in the constitution of law for a harmony within and outside the country .Many countries does not have a well balanced international law due the fact the government fail to recognise human freedom rights and democracy concepts. So the standard constitution of an international law needs to be enforcing harmony, unity and freedom. References Amnesty International, Campaign for International Justice (http://www.amnesty.org 2014) accessed 10 May 2014 Balkin,J.M, THE CANONS OF CONSTITUTIONAL LAW [1998] Yale Law School 964, 1020 Davies, Constitutional Rule (http://www.strike-the-root.com 2007) accessed 1/06/2014 Fish,Does Constituional Theory Matter (http://opinionator.blogs.nytimes.com 2008) accessed 1 June 2014 Green,L, Positivism and the Inseparability of Law and Morals [2003] Harvard Law Review 1, 5 Globalization 101, What is Globalization (http://www.globalization101.org 2014) accessed 1 May 2014 Hollar, Where Is the Discussion of Syria and International Law? (http://www.fair.org/blog 2013) accessed 24/5/2014 HG, What is constitutional law (http://www.hg.org 2014) accessed 26/05/2014 Hart,H.L, POSITIVISM AND THE SEPARATION OF [1958] Harvard Law Review 1, 25 Kingsley, Does a growing global youth population fuel political unrest? (http://www.theguardian.com 2014) accessed 1 June 2014 Madhuku, Defining mechanisms of constitution-making (http://www.newzimbabwe.com 2009) accessed 30 May 2014 Mechantaf, Constitutional Law and Courts’ System in the Syrian Arab Republic (http://www.nyulawglobal.org 2010) accessed 1 June 2014 Mellon, Political unrest hits economic prospects in the Middle East (http://digitalresearch.eiu.com 2011) accessed 1 June 2014 Roland, Summary of Constitutional Rights, Powers and Duties (http://www.constitution.org 2012) accessed 30 May 2014 Matias,S. Globalization, International Law, and The State (http://index.justice.gov.il 2008) accessed 24/5/2014 Read More