Constitutions and International Law

This Constitution Brief was written initially for use in Myanmar, and it explains the nature of international law and explores how it relates to constitution-making. It then addresses four primary questions about international law that are raised when a constitution is being drafted or substantially changed:

• Should a constitution mention the relationship between international law and domestic law in the domestic legal system? If so, what are the options?

• Should a constitution specify how the state enters into binding commitments under international law?

• What are the implications, if any, of international law for the substance of a constitution?

• What are the implications, if any, of international law for the process of constitution-making?