Reimagining Global Constitutionalism: Can a Transformative Constitution Better The International Legal Order

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Introduction Global Constitutionalism is a governance theory in which the international system comprises core norms including the rule of law, separation of powers, human rights, judicial safeguards, and democratic legitimacy. It regulates and monitors the relations, sources, and exercise of power within the global order. Increasingly scholars have argued for global constitutionalism, claiming that constitutional principles governing relations between nations (Peter, 2015: 1); would increase accountability and the "check on state power," (O'Donoghue, 2013:1045). International legal developments that implement a sense of morality and order; jus cogens, human rights conventions and judicial decisions advocating for state responsibility, have advanced the theory. Although a global constitution now contributes to ordering international practices and behaviours (Lang and Wiener, 2017:1), the poverty of its theory is evident. This thesis sets out the argument that these shortcomings emerge from the neo imperialist background and features of the current global order and its core constitutional norms. The liberal constitution authorises violations of international laws and treaties, and places structural barriers to achieving subsequent justice. Further, it is strategic and ideological in its perseveration of the hierarchy between the Global North and the Global South (Sultany, 2017:306).