Abstract
The Constitution is the highest law of the country, while
international law is a field of law that deals with the rights and
obligations between countries. The essence of international
community is of decentralized nature, in which the legal order is
formed according to the principle of sovereign equality. However,
there are many perspectives that approach the international
community and international law from a universalistic and
idealistic viewpoint. In other words, if the positivist and
pseudo-oriented view of international law is the reality of
international community and international law, the universalist or
idealist perception of international law can be said to be their
goals. It is true that those two perspectives on international
community and international law are neither omnicient nor
all-perceiving, but complexly intertwined.
The Constitution and international law, which can be considered
the two axes of public law, are closely interrelated to the formation
of a modern absolute state and civic democracy. The absoluteness
of state power and civic democracy are doomed to fate our present
and our future. This is not only such fundamental political order,
but it also has become a foundation for the development of modern
and contemporary order of law. And the two dimensions of order,
politics and law, are developing in a dialectical manner.
Under this background, this paper aims to provide a harmonious
view sprucing up the reality of public law that penetrates both of
the international and domestic society within a large framework. It
is for research purpose and needs an effort of work by reviewing
and analyzing the essence, commonalities, and differences among
various adjacent concepts of the Constitution and international law
discourse.
This paper first begins with a discussion by presenting the
historical development of existing hard legal system that penetrates
the Constitution and international law through their realistic
framework. Furthermore, we look at the softness of international
law, conceptual discourse on the international law and world law,
international constitutionalism and constitutional theory, and a
compendium of world administrative law. We look at the
background for the development of these commentaries, the main
topics of discussion, and their commonalities or differences. Finally
we briefly diagnose and place the future of new sermons that needs
to be adduced due to changes in the international community.