Transnational Evaluation of Constitutions

Abstract

AbstractThis study tries to produce a new ground for understanding the multidimensional concepts such as rights simultaneously for the people and humankind in international law and constitutional law with transnational connections. The impacts of transnational legal orders within nation-states are globalized in the modern international law and spectacles with normative and empirical-analytical lenses on constitutional and human rights while looking at international law and governance through constitutionalist glasses. International human rights law can have a significant impact on national systems, here constitutions. National constitutions may look at international and regional human rights norms to interpret and develop their national regulations. International and regional human rights norms can help national constitutional rights mechanisms in different ways, such as providing a base for the human rights claim on international or regional law. Such has been provided via the national constitution; or has contrarily been incorporated into national law. The use of the international and regional human rights law to interpret constitutional provisions and as a standard of protection increases (“Compilation of International Norms and Standards Relating to Disability.”). Not only that but also the evolution of international law called fragmentation also directs and denotes both a process and its result. It first refers to the dynamic growth of new and specialized sub-fields of international law, secondly to the rise of new actors beside states, and thirdly to new types of international norms outside the acknowledged sources. It is smoothly started by ratifying human rights treaties and simultaneously constitutional amendments during the times and had a significant growth by the emergence of new states and constitutions after the breakdown of the communist bloc in 1989. The stable bi-polar world order shift to a host of multilateral treaties (Peters, “Constitutional Fragments—On the Interaction of Constitutionalization and Fragmentation in International Law.” P3.). E.g., there is a five-part conceptual typology of the different ways that domestic courts can use foreign law: As (1) binding law, (2) a nonbinding norm, (3) an interpretive aid, (4) a basis for functional comparison, and (5) factual information (Jackson, Tolley, and Volcansek, U, Suny Series in the Foundations of the Democratic State. P48.). The comparative study of international law, human rights, and constitutional law have emerged as the new frontier of scholarship. Scholars and constitution drafters are increasingly using comparative methods in updating and upgrading conceptual and contextual experiences in their works; meanwhile, decision-makers, academics, and the general public alike tend to think that several normative orders coexist.