Constitutions are traditionally seen as inherently domestic documents, written by the people, for the people, and reflecting the nation’s highest values. Yet, constitutions also have important external dimensions. Constitutions define the territory of the nation. They articulate the requirements for citizenship. They define war-powers, treaty-making powers, and structure foreign affairs. They commonly demand that governments protect nationals that reside abroad. In some cases, they extend protections to foreigners in need, especially when they are seeking admission.
In a globalized world, this external face of constitutions is changing, reflecting the technological, political, economic, social and cultural changes that continuously reshape a variety of boundaries and determine their nature and level of permeability. Hence questions arise as to whether national constitutions take account of their impact on strangers, whether they should do so, and if so, how do they accommodate their concerns. Our aim in this Introduction Essay and in this Symposium is to draw attention to the external dimensions of constitutions, to the role constitutions play in the global sphere and, ultimately, to the question of responsibility of constitution drafters and interpreters to the outside world. While constitutions are traditionally understood as domestic documents, their significant and multifarious external dimensions raise moral and perhaps also legal questions about the respect that is due to outsiders and their human entitlement to equal concern and respect. We hope that this Symposium serves as the opening for such a debate also among constitutional lawyers.
Eyal Benvenisti & Mila Versteeg, The External Dimensions of Constitutions, 57 Virginia Journal of International Law, 515–537 (2018).