The International Constitutional Court (ICoC) and its Institutional Design as an International Public Authority: Defending Democracy and Political Freedom through International Public Law

• Grant number: 16/20983-7
• Support Opportunities: Regular Research Grants
• Start date: February 01, 2017
• End date: January 31, 2018
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Arthur Roberto Capella Giannattasio
• Grantee: Arthur Roberto Capella Giannattasio
• Host Institution: Faculdade de Direito (FD). Universidade Presbiteriana Mackenzie (UPM). Instituto Presbiteriano Mackenzie. São Paulo , SP, Brazil

Abstract

Tunisia's former president Mohamed MARZOUKI presented in 2012, 2013 and 2014 to the General Assembly of the United Nations the idea to create an International Constitucional Court (ICoC). The draft of its Statute - already submitted to UN's International Law Commission (ILC/UN) - provides that this new Court will have the power to decide if national Constitutions are in accordance with Democracy and Human Rights, in order to fight electoral frauds and the establishment of dictatorships. The discourse for the creation of an ICoC follows a public paradigm in International Law - International Public Law. According to this perspective, international entities (such as International Courts) are created by International Law in order to act as international public authorities, that is, as authorities entitled to protect globally public goods - goods which are sensitive for international relations. This project is based on empirical and theoretical qualitative research of contemporary debates concerning the ICoC (primary and secondary sources) and perceives this Court as a new international public authority. The analytical framework is given by the Mixed Constitution tradition (checks and balances), which will be the foundation of an alternative institutional design of ICoC's legal and legitimate action as an international public authority. Thus, this project follows a theorectical and applied reaserch model, as it seeks to (i) discuss ICoC's proposal and the institutional conditions for a legal and legitimate exercise of its authority, and (ii) present to ILC/UN a mixed institutional framework for ICoC. (AU)

Scientific publications

(References retrieved automatically from Web of Science and SciELO through information on FAPESP grants and their corresponding numbers as mentioned in the publications by the authors)

CAPELLA GIANNATTASIO, ARTHUR ROBERTO; DREZZA, DEBORA ROMA; WEHBY, MARIA BEATRIZ. In/on applied legal research: Pragmatic limits to the impact of peripheral international legal scholarship via policy papers. LEIDEN JOURNAL OF INTERNATIONAL LAW, v. 34, n. 3, p. 571-583, SEP 2021. (16/20983-7)