The UN Charter and global constitutionalism?

The chapter explores how constitutional the UN Charter is, both in theory and practice, focusing on supranationality; inequality; and, like all constitutions, the ‘invitation to struggle’ that leads to inevitable pushback from states when UN authority expands. To illustrate those points, the chapter starts with a comparison of the UN Charter to both capital ‘C’ domestic constitutions and to ordinary treaties. It then addresses with a broad brush the main features of the UN’s supranationality and inequality, considering two examples of tension between UN supranationality and state sovereignty - modern peacekeeping mandates and the Millennium Development Goals. It concludes with a discussion of the wider constitutional significance and prospects of the UN in the light of the contrasting successful integration manifested in the history of US federalism and European integration.